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.

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