📘 CIVIL PROCEDURE CODE (CPC) – ORDER XXVII TO XXXII

Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

📖 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules
on all important aspects of this vital part of their syllabus:

⚖️ ORDER XXVII – SUITS BY OR AGAINST GOVT OR PUBLIC OFFICERS

Suits by or against Govt – Rule 1

• In any suit by or against Govt:
• the plaint or written statement
• shall be signed by such person as Govt may appoint and
• shall be verified by any person whom Govt may so appoint and who is acquainted with the facts of the case

Plaints in suits by or against Govt – Rule 3

• In suits by or against Govt:
• it shall be sufficient
• to insert in the plaint appropriate name as provided in section 79
• instead of inserting
• name, description and place of residence of the plaintiff or defendant

Govt to be joined as party in a suit against public officer – Rule 5A

• Where a suit is instituted against a public officer
• for damages or other relief in respect of any act done in his official capacity
• Govt shall be joined as a party to the suit

Duty of Court in suits against Govt or public officer – Rule 5B

• In every suit or proceeding
• to which Govt or a public officer acting in his official capacity is a party:
• it shall be the duty of the Court
• to make every endeavour to assist the parties in arriving at a settlement

⚖️ ORDER XXVII-A – SUITS INVOLVING INTERPRETATION OF CONSTITUTION OR VALIDITY OF STATUTE

Notice to Attorney General or Advocate-General – Rule 1

• In any suit in which it appears to Court
• that any question referred in Article 132(1) is involved
• Court shall not proceed to determine that question
• until after notice has been given
• to Attorney General, if the question of law concerns Central Govt and
• to Advocate-General, if the question concerns a State Govt

📝 Note by DLA

Question

What type of question is referred in Article 132(1) as mentioned in Rule 1?

Answer

• The question referred in Article 132(1) is a substantial question of law as to interpretation of the Constitution.

Suits involving validity of a statutory instrument – Rule 1A

• In any suit in which
• any question as to validity of any statutory instrument is involved
• not being a question mentioned in rule 1
• Court shall not proceed to determine that question
• except after giving notice
• to Govt pleader if the question concerns Govt or
• to the authority which issued the statutory instrument if the question concerns an authority other than Govt

Court may add Govt as party – Rule 2

• Court may at any stage
• order that Central Govt or State Govt shall be added as a defendant
• in any suit involving a question referred in Article 132(1)
• if the Attorney General or Advocate-General applies for such addition and
• Court is satisfied that such addition is necessary or desirable for satisfactory determination of the question

⚖️ ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Minor to sue by next friend – Rule 1

• Every suit by a minor
• shall be instituted in his name
• by a person who in such suit shall be called next friend of the minor

Explanation

• “minor” means
• a person who has not attained his majority
• within the meaning of section 3 of Indian Majority Act, 1875

📝 Note by DLA

Question

When does a person attain the age of majority within the meaning of section 3 of Indian Majority Act, 1875?

Answer

• On completion of the age of eighteen years.

Section 3 of the Indian Majority Act, 1875

• Every person domiciled in India
• shall attain the age of majority
• on his completing the age of eighteen years and not before

• In computing the age of any person:
• the day on which he was born
• is to be included as a whole day

• He shall be deemed to have attained majority
• at the beginning of the eighteenth anniversary of that day

Guardian for suit to be appointed by Court – Rule 3(1)

• Where defendant is a minor:
• Court
• shall appoint a proper person
• to be guardian for the suit for such minor

Rule 3(2)

• An order
• for appointment of a guardian for the suit
• may be obtained upon application
• in the name and on behalf of the minor or
• by the plaintiff

Rule 3(3)

• Such application
• shall be supported by an affidavit
• verifying the facts
• that the proposed guardian has no interest in the matters in controversy in suit adverse to that of the minor and
• that he is a fit person to be so appointed

Prepared by the academic team at Delhi Law Academy, Jaipur
For Judicial Services Examination Preparation

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❓ Frequently Asked Questions (Order XXVII, XXVII-A & XXXII CPC)