Government to be joined as a party in a suit against a public officer
Full Text
Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.
Plain English Summary
Mandates compulsory impleadment of the Government ('shall be joined') whenever a public officer is sued for damages or official relief in respect of acts performed in their official capacity.
Key Legal Elements
- Mandatory Joining: Use of 'shall be joined' makes impleadment of the Government a statutory necessity.
- Trigger: Suit against public officer for damages or other relief relating to official duties.
- Effect of Non-Joinder: Defect of necessary party; suit cannot proceed to decree against the officer without the State.
Practical Note
Mandatory Impleadment — Landmark Precedent: 1. State of Kerala v. General Manager Landmark: In State of Kerala v. General Manager, Southern Railway (1976) 4 SCC 265, the Supreme Court ruled that Rule 5A is mandatory. A suit claiming damages against an official (e.g. Police Officer, Collector, Municipal Commissioner) for official acts without joining the Union or State Government is incompetent. 2. Defense Plea: If the plaintiff sues an officer in personal/official name without making the State a party, move under Order VII Rule 11(d) read with Rule 5A for rejection or strike out.
हिंदी पाठ
जहां किसी लोक अधिकारी (Public Officer) के विरुद्ध उसके पदीय हैसियत में किए गए तात्पर्यित किसी कार्य के संबंध में नुकसानी (हर्जाने) या अन्य अनुतोष के लिए कोई वाद संस्थित किया जाता है, वहां सरकार को वाद में एक पक्षकार के रूप में संयोजित किया जाएगा (Shall be joined as a party)।