Suits By Or Against Government Or Public Officers In Their Official Capacity

Aditi Saumya, Symbiosis Law School, Pune


The special status given to the government and public officers in their official capacity in the Code of Civil Procedure, 1908, which is comprised within sections 79 to 82 and Order XXVII of the Code, has been discussed at length in this article. This article also discusses the reason behind giving special status to suits of such nature. Special emphasis has been laid on section 80 of the Code and the essentials of a notice, meaning of the official capacity of a public officer has been discussed under it. Lastly, the article attempts to put forward some recommendations to close the gaps which exist in the practical scenario.

Key words: Government, Public Officer, Notice, Official Capacity

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.