Order XXVII Rule 8: Procedure in suits against public officer

(1) Where [the Government] undertakes the defence of a suit against a public officer [the Government pleader], upon being furnished with authority to appear and answer the plaint, shall apply to the Court, and upon such application the Court shall cause a note of his authority to be entered in the register of civil suits. (2) Where no application under sub rule (1) is made by [the Government pleader] on or before the day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between private parties: Provided that the defendant shall not be liable to arrest, nor his property to attachment otherwise than in execution of a decree.

Effective date: 1909-01-01

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