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Provisions for Suits by or Against the State Under the Civil Procedure Code (CPC), 1908

In India, suits involving the government are governed by Section 79 to 82 of the Civil Procedure Code (CPC), 1908. These provisions outline the procedure for filing suits by the State (Government) and against the State (Government) while ensuring that the interests of the public and the government are balanced.

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1. Suit Filed by the State (Government as Plaintiff)

When the Government (Central or State) files a case against an individual or entity, it follows these provisions:

Who Can File the Suit?

• The Union of India or the respective State Government can be the plaintiff in a case.
• The suit is filed in the name of the Union of India (for central matters) or the State Government (for state-related matters).

Procedure for Filing the Suit

• The case is instituted through the Government Pleader or Advocate General, representing the government.
• The suit follows the same procedure as a regular civil suit under the CPC.
• The government must prove its claim through evidence and legal arguments.

Common Types of Suits by the Government

• Recovery of dues (e.g., taxes, penalties, fines).
• Breach of contract involving public authorities.
• Disputes regarding government-owned property.
• Violations of statutory provisions affecting public interest.

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2. Suit Filed Against the State (Government as Defendant)

A suit against the Government can be filed by individuals or organizations when they seek legal remedy against government actions or inactions.

Relevant Legal Provision: Section 79 CPC

• When filing a case against the Government, the suit must be instituted against the Union of India (for central matters) or against the State (for state-related matters).

Prior Notice Requirement: Section 80 CPC

• Before filing a suit against the government, a mandatory notice of two months must be served to:
  • The Secretary of the concerned Government Department, or
  • The Collector (for district-level matters).
• The notice must clearly state:
  • Cause of action (reason for filing the suit).
  • Relief sought (compensation, injunction, etc.).
  • Details of the aggrieved party.
• This allows the government to resolve disputes without litigation and avoid unnecessary suits.

Exceptions to Section 80 Notice Requirement

• If immediate relief is needed, the court may allow a case to be filed without serving a notice, but only after recording the reasons in writing.

Common Types of Suits Against the Government

• Violation of fundamental rights (e.g., illegal detention, freedom of speech restrictions).
• Tortious liability (e.g., negligence of government employees, police brutality).
• Contractual disputes (e.g., breach of contract by a government agency).
• Property disputes (e.g., wrongful acquisition of land).

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3. Powers and Immunities of the Government in Civil Suits

• No Injunction Against Government Officers (Section 82 CPC):
  • Courts cannot pass orders against government officials in their official capacity without prior approval.
• Government is Not Personally Liable:
  • Officers acting in official capacity are protected from personal liability unless proven otherwise.

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Conclusion

The provisions for suits by or against the State ensure a structured legal process for resolving disputes involving the government. While the State has privileges (such as the prior notice requirement under Section 80 CPC), citizens are also empowered to seek legal remedies when their rights are violated by government actions.