Section 12(7) in Karnataka Conduct of Government Litigation Rules, 1985
(7)On receipt of the pleadings and other materials referred to above, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall examine the case in detail, scrutinise the draft and approve it effecting such modifications or corrections as it may consider necessary. The scrutiny of the counter should not be treated as a routine matter by [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. Even though the administrative department is primarily responsible for supply of the facts and the Law Officer for drafting of the counter, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall ensure that no admission which is not warranted by the records is 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 defence which are open to the Government have been properly and adequately raised in the counter. If there are any court decisions on the subject and applicable to the facts and which are likely to prove useful to the Government, they shall be fully indicated in the counter. A separate brief shall be prepared and sent to the Law Officer indicating the line of defence documents to be produced and the court decisions in support of the defence. Such further information, documents and records as may be necessary may be called for by the Law Officer and [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] from the administrative departments. It shall be the duty of the concerned Administrative Secretariat and the department to furnish all materials required by the Law Officer and [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. Thereafter, the finalised counter shall be handed over to the Litigation Conducting Officer who shall get it signed and verified by the officer authorised to sign and verify the pleadings and thereafter give it to the Law Officer for filing into Court well within time.
