Section 6 in Karnataka Conduct of Government Litigation Rules, 1985
6. Conduct of Case.
(1)When issues are framed by the Court the Law Officer shall verify whether all necessary and proper issues required to be framed in the case have been framed or not. If, the issues framed are defective in any manner, or if proper issues have not been framed he shall file necessary application for amendment, deletion or for framing of additional issues. He shall send a true copy of the issues so framed or amended, as the case may be to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].Note. - In respect of a case in a Court of Munsiff, the copies shall be sent to the Director or Prosecutions and Government litigation.(2)It shall be the responsibility of the litigation conducting officer to regularly watch the progress of the case and to provide the Law Officer concerned with all necessary documents, files, evidence and assistance for effectively conducting the case. He shall personally attend the court and assist the law officer in the trial of the case. If however, he is unable to attend personally for any valid reasons, he may on his own responsibility with the permission of his official superior depute a responsible officer who is thoroughly conversant with the facts of the case and who is capable of giving adequate and necessary instructions to the Law Officer for effectively prosecuting the case.(3)It shall be the duty of the Law Officer to study the case thoroughly with reference to the facts and case law. For that purpose he can require the presence of any officer. It shall be the duty of the officer whose presence is required by the law officer to meet the law officer and give necessary instructions. It may be noted that a law officer, other than an Assistant Public Prosecutor, is an Advocate and the Government is the client and it is the duty of the client to go to the office of the Advocate and give instructions to the Advocate. However by mutual arrangement they may meet, anywhere else including the office of any officer. The law officer may, if necessary, contact [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] or the Director of Prosecutions and Government Litigation and obtain necessary clarifications or instructions on any aspect. The law officer shall prepare himself for the trial of the case well in advance and shall not seek adjournment of the case without proper excuse.(4)The following important points relating to the conduct of cases should be carefully attended to by the litigation conducting officer and the law officer-(a)All available documentary evidence should be deligently collected, carefully examined and produced before the court on or before the day fixed for its reception;(b)Making application for adjournment for production of document shall as for as possible be avoided and such application on behalf of the opposite party should, unless they are made for sufficient reasons, be resisted as they tend to prolong the litigation and give opportunities for fabrication of false evidence;(c)When a suit is instituted upon a document, the document sued upon shall be produced in court along with the plaint as required under order 7 rule 14(1) of the Code of Civil Procedure;(d)The Law Officer shall take steps to get important and valuable documents kept in safe custody in court. The officers handing over important documents to the law officer, either for production in court or for reference, shall take proper acknowledgement therefor from the law officer. Whenever documents are produced in court, they shall be produced along with a list obtaining due acknowledgement from the court.(e)Wherever certified copies or extracts or photo copies of documents are admissible, production of the originals should be avoided.(f)Whenever production of a particular document in a file is necessary, only such document shall be produced in court and the production of the entire file of the department should be avoided.(g)Whenever production of a document in original is found necessary, an authenticated copy (preferably a photostat copy) of such document shall be retained in the department file along with a note to the effect that the original has been filed in court mentioning the case number, year, and the date of production.(h)Documents filed by the opposite party should be carefully examined and compared with the originals wherever possible at the earliest opportunity and efforts be made to find out the genuineness or authenticity of the documents so produced. Objections relating to the admissibility, genuineness or such other grounds shall be taken at the earliest. The law officer shall obtain certified copies of all documents produced by the opposite side and keep them in the file.(i)The production of the documents in the possession of the Government or its officers when lawfully required by the court shall not be resisted except for valid and sufficient reasons.(j)The law officer shall, in consultation with the Litigation Conducting Officer and other officers concerned with the case, prepare a list of witnesses whose evidence, in his opinion, is necessary to substantiate the case of the Government. The witness list shall be filed in the court well within the time fixed by the court for the purpose. It shall be the responsibility of the Litigation Conducting Officer to secure such witnesses for examination before the court by obtaining process of the court wherever necessary. If evidence of an officer in service is necessary, the law officer and the litigation Conducting Officer shall request, in writing, the officer to attend the court and a copy of that letter shall be sent to the official superior of such officer with a request to direct such officer to attend the court. The officer in question and his official superior shall comply with such request and failure to do so shall be treated as dereliction of duty. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and in respect of cases in the courts of Munsiffs, the Director of Prosecutions and Government Litigation, shall watch the progress of the case and ensure that all necessary documents are produced in the case and necessary witnesses are examined. The reasonable expenses in this regard shall be incurred out of the contingencies of the Department concerned as provided in articles 240(b) of the Karnataka Financial Code.(k)The law officer, in consultation with the litigation Conducting Officer, shall take steps for issue of commission for local inspection or for examination of witnesses, wherever it is necessary. The reasonable expenses in this regard shall be borne out of the contingencies of the concerned department as provided under Article 240(b) of the Karnataka Financial Code.(l)It shall be the endeavour of the Law Officer in the conduct of the cases to exercise his discretion so as to safeguard the interest of the Government in the best manner. Wherever there is a difference of opinion between the Law Officer and the Litigation conducting Officer with regard to a particular course of action in the course of the conduct of the case, the Law Officer shall make a reference to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and take action in accordance with the instructions of [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].Note. - In respect of cases pending in a court of Munsiff advice shall be sought from the Director of prosecutions and Government Litigation.(m)The Law Officer shall not concede any claim or part thereof against the Government or enter into any compromise in any proceedings before any court without the written authority of a responsible officer in the Dept. of Law & Parly. Affairs or the Director of Prosecutions and Government Litigation, as the case may be. No such authority shall be given without consulting the Administrative Secretariat concerned.(n)The Law Officer shall oppose any compromise prejudicial to the interest of the Government, if entered into by the other parties in the proceedings.(o)The Law Officer shall obtain and maintain copies of all interim and final orders passed by the court and send a copy thereof to the Dept. of Law and Parly. Affairs. The Law Officer shall get such copies prepared with the assistance of the litigation conducting officer.Notes. - In respect of a case before a court of Munsiff such copies shall be sent to the Director of Prosecutions and Government Litigation.(5)The Law Officer shall apply for the certified copy of the judgment and decree or order immediately after the pronouncement thereof without any loss of time. In cases, where the decision has gone against the Government, he shall examine whether there are any valid grounds to take up the matter in appeal, revision or review and send his opinion along with the certified copy of the judgment and decree or order, copies of documents produced in the case by both the sides and the deposition of witnesses to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] within 3 days of the receipt of the certified copy of the judgment and decree or order.Note. - In respect of a case before a court of Munsiff, it shall be sent to the Director of Prosecutions and Government Litigation.(6)Whenever certified copies of the judgment and decree in a First Appeal are forwarded as required by sub-rule (5) above the law officer shall also obtain and forward certified copies of the judgment and decree of the trial court. To avoid delay in obtaining such copies the law officer shall apply and obtain such copies well in advance.(7)On receipt of the certified copy of the judgment and decree or order alongwith the opinion of the Law Officer, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall examine the case with reference to relevant case laws and other aspects and take a considered decision about the feasibility of agitating the matter in appeal, revision or review. In all cases where the judgment has the effect of affecting the title of the Government to any immovable property an appeal shall invariably be filed. If it is decided to so agitate the matter necessary orders authorising the filing of an appeal, review or revision shall be issued and a copy of the order shall be sent to the concerned Law Officer and the Litigation Conducting Officer along with a note indicating the pleas to be taken in the appeal, review or revision and the case laws, if any, in support thereof, copies of the order shall also be sent to the Head of the Department and Administrative Secretariat concerned. This order shall also indicate whether any application for stay or for any other interim relief should be filed, if so, the grounds to be urged in such application.Note. - 1. In respect of a case before a Court of Munsiff, the Director of Prosecutions and Government Litigation [or in his absence from headquarters, the Joint Director of Prosecution and Government Litigation (Administration)] [Inserted by notification No. LAW 172 LAM 99, Dated: 30.9.1999] may examine the case as indicated above and issue necessary orders authorising filing of the appeal, revision or review. A copy of such order together with the entire records of the case shall be sent to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] which may examine the case further and decide whether any other pleas should be taken in appeal and if it is so decided, necessary orders shall be issued.
