Rule 8B of CPC : Rule 8B: Definitions of "Government" "and" "Government pleader".
CPC
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Explanation using Example
Example 1:
Scenario: A citizen files a lawsuit against the Central Government for not providing compensation for land acquired for a public project.
Application of the Act:
- Government: In this case, the "Government" refers to the Central Government.
- Government Pleader: The Central Government will appoint a pleader, either generally or specifically for this case, to represent it in court.
Explanation: The citizen's lawsuit is against the Central Government, so the Central Government will appoint a legal representative (Government pleader) to handle the case in court.
Example 2:
Scenario: A state government employee is sued for alleged misconduct while performing official duties.
Application of the Act:
- Government: In this case, the "Government" refers to the State Government.
- Government Pleader: The State Government will appoint a Government pleader, as defined in clause (7) of section 2, or another pleader specifically for this case, to represent the state employee in court.
Explanation: Since the lawsuit is against a public officer in the service of the State Government, the State Government will appoint a legal representative (Government pleader) to defend the employee in court.
Example 3:
Scenario: A company files a lawsuit against the Central Government for breach of contract related to a government tender.
Application of the Act:
- Government: In this case, the "Government" refers to the Central Government.
- Government Pleader: The Central Government will appoint a pleader, either generally or specifically for this case, to represent it in court.
Explanation: The company's lawsuit is against the Central Government, so the Central Government will appoint a legal representative (Government pleader) to handle the case in court.
Example 4:
Scenario: A citizen files a lawsuit against a state government for not providing adequate relief during a natural disaster.
Application of the Act:
- Government: In this case, the "Government" refers to the State Government.
- Government Pleader: The State Government will appoint a Government pleader, as defined in clause (7) of section 2, or another pleader specifically for this case, to represent it in court.
Explanation: The citizen's lawsuit is against the State Government, so the State Government will appoint a legal representative (Government pleader) to handle the case in court.