Order XXVII Rule 8B: Definitions of “Government” and “Government pleader

In this Order “ [Government]” and “ [Government]” pleader means respectively (a) in relation to any suit by or against [* * *] the [Federal Government], or against a public officer in the service of that Government, the [Federal Government] and such pleader as that Government may appoint whether generally or specially for the purposes of this Order; (b) [* * * * * *] (c) in relation to any suit by or against a Provincial Government or against a public officer in the service of a Province, the Provincial Government and the Government pleader, or such other pleader as the Provincial Government may appoint, whether generally or specially, for the purposes of this Order.] [ORDER XXVIIA SUITS INVOLVING [ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITIONAL LAW]. 1. Notice to the Advocate General. In any suit in which it appears to the Court that [ any substantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed to determine that question until after notice has been given to the [Attorney General for Pakistan] if the question of law concerns the [Federal Government] and to the Advocate General of the Province if the question of law concerns a Provincial Government. 2. Court may add Government as party. The Court may at any stage of the proceedings order that the [Federal Government] or a Provincial Government shall be added as a defendant in any suit involving [any substantial question as to the interpretation of constitutional law] if the [Attorney General for Pakistan] or the Advocate General of the Province as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 3. Costs when Government added as party. Where under rule 2 Government is added as a defendant in a suit, [the Attorney General,] the Advocate General or the Government shall not be entitled to or liable for costs in the Court which ordered the addition unless the Court having regard to all the circumstances of the case for any special reason otherwise orders. 4. Application of Order to appeals. In the application of this Order to appeals the word “defendant” shall be held to include a respondent and the word “suit” an appeal.].

Effective date: 1909-01-01

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