Filling a suit against the government or public office holder has some procedures to follow. Any aggrieved person can file suit against the government or public office holder. For that purpose that person has to satisfy the relevant provisions of the law such as Section 79-82 order 27 Civil Procedure Code (CPC). So in this article, you will learn the method to file a suit against a government or public officer holder.
In this article, you will learn the following steps:
Name of the parties to Suit
The procedure of Suit filed against government or public office holder
Institution of the Suit With notice under section 80(1) CPC
Whom notice to be served?
Content of Notice
Object of Notice
Plaint under section 80(2)
Institution of Suit without notice
Procedure by the government as plaintiff/defendant
Procedure in suits against a public officer
Name of the parties to Suit
For filling a Suit Against or by the Federal Government is filed in the name of Pakistan. A suit by or against the provincial government is filed in the name of the concerned province. A public officer holder can be sued on his own name and not on his public name. If he belongs to any corporation then on the name of that corporation.
Procedure of Suit Filed against Government of Public Officer
A suit can be filed with a notice under section 80(1) CPC. You can also file a suit against such a person without notice according to section 80(2) CPC.
Institution of Suit With Notice Under section 80(1) CPC
A suit against a government or public officer may be filed by giving notice to such government or public officer 02 months before such filling.
To Whom Notice is to Send?
The importance of filing a legal notice is very high. In that case suit against Federal Government, notice is to be sent to the secretary of the state. If in case a suit is filling against the provincial government, then notice is to be sent either to the secretary of the province concerned or to the collector of the District. The suit against the Department of Railways the notice is served to the General Manager of Railways. When you are filing a suit against a public office holder, then the notice will be served to such an officer in person or through courier at his office.
Content of the Notice
For creating the content of the notice, first, you will write the cause of action. After that the description of that suit will be written and also the name of the plaintiff will be placed on the suit. In the end, you will right the relief you are actually demanding from that government or public office holder. Now let’s talk about the object of the notice.
Object of the Notice
To give sufficient time to the government or public officer that he may consider the position and decide whether the claim of the plaintiff should be accepted or defended. You must remember that, if the defended will not proceed with the 2 months of notice then the plaintiff is allowed to institute the suit against it.
Plaint Under Section 80(2)
Plaint in case notice served but claim remains unsatisfied must contains the statement of delivery of such notice.
Institution of Suit without Notice
The court shall allow not less than 03 months to the defendant for the written statement.
Procedure by the Government / Public Officer as Plaintiff/defendant
The procedure is given in the following lines:
Signing of the plaint and Written Statement
In any suit by or against the government, a plaint or written statement should be signed by the person whom the government appoints on this behalf through general or special order.
Verification of Plaint and Written Statement
In any suit by or against the government, plaint or written statement should be verified by that person, whom government appoints in this behalf through general or special order and who is familiar with facts of the case.
Fixing of Duty of Appearance on behalf of Government
In fixing a day for the government to answer plaint, the court should allow a reasonable time for necessary communication with the government through proper channel and for issuance of instruction to the government pleader to appear and answer on behalf of the government. Even the court possesses discretion to extend such time duration.
Procedure Against Public Office Holder
If the government undertakes the defense of some suit against public officer holders, the government pleader should apply to the court at the time when he is finished with authority to appear and answer plaint. And the court should enter a note of his authority in the register of civil suits. But if such an application is not filed, the case is considered to be a suit between private parties.
Execution proceeding by or against Government or Public Officer
Following is the procedure for filing a suit by or against Government or Public Officer:
Time for execution of Decree
When the decree is against some public officer in respect of that act, which he has done in his official capacity, time should be specified in decree within which decree should be satisfied.
Reporting of Case
When such a decree is not satisfied within the specified time, the court should report the case for orders of the provincial government.
Execution after reporting of Case
Execution should not be issued on any such decree unless it remains unsatisfied for a period of 03 months and this period is computed from that date when the case is reported for the order of the provincial government.
Arrest / Attachment of property of Public Officer
Public office is not liable to arrest or his property is not liable to attachment in that suit, which is filed against him in his official capacity. However, he can be liable to arrest or his property can be liable to attachment in execution of a decree.
Law Regarding Cost
Plaintiff is not entitled to cost if:
the issue is resolved within the 2 months after the institution of the suit
if the claim of the plaintiff is accepted within 02 months after the institution of the suit.
To sum up the above discussion I can say that Filling a suit against or by government or public office holder, there is a certain procedure that has to be followed. The court the plaintiff and the defendant all of these will be satisfied with the procedure for filing a successful suit against the government or public office holder.