Section 5 in Karnataka Conduct of Government Litigation Rules, 1985
5. Cases filed in subordinate Courts.
(1)When a case other than a writ petition is instituted against the State in any subordinate court and summons or notice thereof is served on any officer of the Government, such officer shall immediately request the concerned law officer to appear for the Government and ensure that the case is not decided exparte and prepare or obtain from the concerned officer, a detailed report of the facts and history of the case and circumstances leading to the institution of the suit together with the parawise remarks in respect of the averments made in the petition or plaint, within 15 days from the date of receipt of such summons or notice. While preparing the report, if it is considered necessary, any other department or officer also be consulted. The report shall indicate the name of the officer who is conversant with the subject matters and facts of the case, the litigation conducting officer for the case, the name of the officer who is to verify and sign the pleadings, the defence that has to be taken in the case and the documentary and other evidence, in support of such defence. Copies of all documents necessary for defending the case and the relevant files relating to the matter shall form part of the report. In short the report should be the brief of the Government to the Law Officer.(2)[ Where a summon or notice in a case is addressed to the Chief Secretary to Government, the same shall be received by the Head of the Legal Cell of the concerned Administrative department. The Head of the legal cell shall send request to the concerned law officer to appear on behalf of the Government, and also forward a copy of the pleading received by him to the Secretary of the Administrative Department and to the Head of the Department for taking necessary action, to offer remarks and to forward the report and papers indicated in sub-rule (1) above] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].(3)Where the case is also against an officer of the Government acting in his official capacity, he shall prepare or get prepared a detailed report, and others particulars as indicated in sub-rule (1) alongwith copies of the documents, if any, in support of the defence.(4)The report, papers and parawise remarks so prepared or obtained shall be submitted to the concerned Administrative Secretariat through proper channel alongwith four copies of the plaint, petition and other pleadings and enclosures thereto.(5)The Administrative Secretariat shall then forward the copies of the plaint, petition or other pleadings in the case alongwith the copies of such report, parawise remarks and relevant documents alongwith their remarks to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] for examination and wherever necessary for sanction of defence. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall also be informed of -(a)the date fixed by the court for the first or next hearing;(b)whether notice under section 80 of the code of Civil Procedure has been given by the plaintiff and if so, the date of delivery of such notice, and the authority to which such notice was given, alongwith a copy of such notice together with a report of action taken thereon, and(c)the name and other particulars of the officer who is conversant with the facts of the case, the litigation conducting officer for the case and the name of the officer who is to be authorised to sign and verify the pleadings.Note. - In this sub-rule [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] for purposes of cases before courts of Munsiffs, shall be the Director of Prosecutions and Government Litigation.(6)If officers belonging to different departments are sued jointly or if the claim in a suit relates to the acts of two or more of such officers, they shall with least possible delay, communicate with each other and after mutual consultation, arrange to set up, if possible, a common line of defence and prepare a joint report and parawise remarks. When such a joint report is not found feasible, separate reports and parawise remarks shall be submitted by each officer alongwith the copies of the documents, relied upon by them as indicated in sub-rule (1).(7)The concerned departments or the officers shall furnish the above materials to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] well within the date of first hearing, fixed by the court so as to enable [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] to issue necessary orders authorising a law officer to appear and defend the case.Note. - In respect of a case in a court of Munsiff the said materials shall be submitted to the Director of Prosecutions and Government Litigation.(8)If, however, the concerned officer or the Department is not left with sufficient time to communicate with [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and to obtain sanction for the defence within the time fixed by the court for the first hearing of the case, they may approach the concerned law officer directly and make necessary arrangements for the defence of the case and report to the Administrative Secretariat and the [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] promptly with all the necessary particulars.Note - In respect of a case in a court of Munsiff the report shall be made to the Director of Prosecutions and Government Litigation.(9)If, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and in respect of a case in 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] in examination of the case, finds that the defence in the case has to be undertaken by the Government, it or he shall issue orders sanctioning defence and instructing the law officer concerned to appear and defend the Government or the officer concerned. The order shall also specify the officer who shall be the litigation conducting officer for the case and the officer who is authorised to sign and verify the pleadings in the case. The litigation conducting officer shall regularly watch the progress of the case and shall give necessary files and instructions to the law officer to whom the case is entrusted, at all stages till the final disposal of the case including appeal, review or revision, if any. Before instructing the law officer he shall obtain, wherever necessary, orders of his official superior or any other higher officer.(10)The law officer shall study the case with reference to the case law on the subject and shall take possible defences open to the Government. The law officer shall not treat the drafting of the written statement or counter as a routine matter. In addition to the para-wise remarks he shall study the relevant file and discuss with the concerned officers to acquaint himself with the facts of the case. The concerned officers should give all necessary co-operation and assistance to the law officers.(11)The law officer shall then prepare and forward the draft written statement or counter along with the connected records to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] for approval. If the matter is urgent the litigation conducting officer may bring the draft and the records to the Department of Law and Parliamentary Affairs. The scrutiny of the written statement or counter shall not be treated as a routine matter by [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] While the Administrative Secretariat and the Head of the Department is primarily responsible for supply of facts and the law officer for drafting of proper pleadings [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] should see that no damaging admissions which are not warranted by the records are made. In addition, it should be ensured by [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] that all possible defences, both factual and legal, which are open to the Government have been properly and adequately raised in the pleadings. Any court decisions which are in favour of the Government and which may be useful in the defence, shall be indicated in the pleadings. A short brief should be prepared and given to the law officer. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] may, while scrutinising the draft written statement or counter, call for such further information, documents or records as may be found necessary and may also require the presence of any officer for consultation. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] may make necessary additions or alterations in the draft written statement or counter. The written statement or counter as approved by [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall then be forwarded to the litigation conducting officer who shall get the required number of copies thereof prepared and get it signed and verified by the officer authorised to sign and verify such written statement or counter and hand over the same to the law officer for presentation before the court. One copy of all pleadings filed in court shall be sent by the law officer 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 in this sub-rule DLPA means 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](12)It shall be the responsibility of the litigation conducting officer and the law officer to see that sufficient extension of time, if necessary by filing application, is obtained for the purpose of filing written statement or counter and to see that in no case, any order against the Government or an officer is passed by the court exparte. In cases of urgent necessity the Law Officer may, in consultation with the Head of the Department or the officer concerned, prepare and finalise a written statement or counter in defence of the claim and file it before the court and later obtain ratification from [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] promptly and thereafter, if necessary, file additional written statement or counter. Such instances should be far and few.Note. - In respect of a case in a court of Munsiff the action shall be got ratified by 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](13)Wherever any interim order is passed in any case affecting the interest of the Government immediate action shall be taken by the litigation conducting officer and the law officer for getting such order vacated. It shall be the duty of the law officer to contact the litigation conducting officer and to take necessary steps to get the order vacated, by filling an application. For that purpose it is not necessary to wait for specific instruction or direction from the concerned Administrative Secretariat or [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] or the Director of Prosecutions and Government Litigation. Such applications shall invariably be filed in all cases. Delay or failure to take necessary steps for the purpose will be treated as dereliction of duty and viewed seriously.(14)In respect of every case a file containing copies of all pleadings and copies of all documents shall be maintained both by the law officer and [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] (in respect of cases in the Courts of Munsiffs by the Director of Prosecutions and Government Litigation) and the concerned Administrative Secretariat or the Head of the Department, as the case may be. Necessary copies of pleadings, documents, orders and other papers for the purpose shall be got prepared by the litigation conducting officer and handed over to the concerned Law Officer.
