Phoenix Pvt.Ltd vs State Of Andhra Pradesh on 5 November, 2019
The Government is expected to be model litigant maintaining
ethical standards in prosecuting the litigation being a compulsive
litigant. The Government of India in view of certain observations
made in various Judgments by the Apex Court in "State Of
Punjab v M/S. Geeta Iron & Brass Works Ltd.3" and "Chief
Conservator of Forests, Government of Andhra Pradesh v.
Collector4" adopted National Litigation Policy, but it did not yield
fruitful results and it totally failed. But, the Government of India
being a model litigant is under obligation under common law has
not always been clear, but the written policies seek to provide
clarity and guidance as to what conduct is required of a model
litigant. Behind each of the duties an overreaching duty to act
honestly, fairly, with complete propriety and in accordance with
3
(1978) 1 SCC 68
4
(2003) 3 SCC 472
MSM,J
WP_16187_2019
17
the highest professional standards. It goes beyond the requirement
for lawyers to act in accordance with their ethical obligations and
merely acting honestly or in accordance with the law and court
rules. The policies all variously refer to the following specific
duties, some of which have long been recognised by the Courts.