Section 6(4) in Karnataka Conduct of Government Litigation Rules, 1985
(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.
