Section 5(11) in Karnataka Conduct of Government Litigation Rules, 1985
(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]
