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Union of India - Section

Section 8B in The Code of Civil Procedure, 1908

8B. Definitions of "Government" and "Government pleader". -

In this Order [unless otherwise expressly, provided "Government" and "Government pleader" mean respectively-
(a)in relation to any suit by or against the Central Government, or against a public officer in the service of that Government, the Central Government and such pleader as that Government may appoint whether generally or specially for the purposes of this Order;
(b)[***] [Clause b repealed by A.O. 1948.]
(c)in relation to any suit by or against a State Government or against a public officer in the service of a State, the State Government and the Government pleader as defined in clause (7) of section 2, or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of this Order.
Order 27, Rule 9High Court Amendments-[Allahabad].-Add the following as rule 9:"9. In every case in which the Government pleader appears for the Government as a party on its own account, or for the Government as undertaking, under the provisions of rule 8(1), the defence of a suit against an officer of the Government, he shall in lieu of a vakalatnama, file a memorandum on unstamped paper signed by him and stating on whose behalf he appears. Such memorandum shall be, as nearly as may be, in the terms of the following form:Title of the suit, etc.1. A.B., Government pleader, appears on behalf of the Secretary of State for India in Council (or the Government of United Provinces, or as the case may be), respondent (or etc.), in the suit:Or, on behalf of the Government [which, under Order 27, rule 8(1) of Act V of 1908, has undertaken the defence of the suit], respondent (or etc.) in the suit."-(22-5-1915).[Andhra Pradesh].-Same as that of Madras.[Madras].-The existing Rules 8-A and 8-B of Order 27 shall be re-numbered as Rules 9 and 10 respectively.-(2-3-1942).[Orissa].-Add the following as Rule 9 to Order 27:"In every case in which the Government pleader appears for the Government as a party on it own accounts or for the Government as undertaking under the provision of rule 8(1), the defence of a suit against an officer of a Government, he shall in lieu of a vakalatnama, file a memorandum of unstamped paper signed by him and stating on whose behalf he appears".-(14-10-1960).