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Understanding the Role and Appearance of a Government Pleader in the Code of Civil Procedure, 1908

Our team of legal experts at SimranLaw takes you through the intricacies of the Code of Civil Procedure, 1908 with specific emphasis on the role and appearance of a government pleader. Drawing from years of experience, we present this comprehensive insight into a complex area of law to optimize your understanding.

Defining a Government Pleader

A Government Pleader, according to Section 2(7) of the Code, signifies any officer appointed by the government to perform functions conferred on a government pleader by this Code. Their main role is to represent and provide legal advice to the government in any civil litigation involving it.

The Role of a Government Pleader

The function and duties of a government pleader are defined under the Code of Civil Procedure, 1908, and can be systematically broken down as follows:

• Representation of the government in civil litigation
• Providing legal advice to the government
• Upholding public interest
• Ensuring justice is served in civil cases

The exact nature of their role can vary depending upon the specific scenario. For example, if a criminal case has been converted into a civil case, the Public Prosecutor’s role may be transferred to the Government Pleader.

The Appearance of a Government Pleader

As per Order 27 Rule 8B(3) of the Code of Civil Procedure, a government pleader, if authorized by or under any law for the time being in force, can appear, plead, or act for the government in any court.

Case Laws and Judgments

Here are some significant case laws and judgments related to the role of the Government Pleader:

1. State of Orissa v. Dr. Binapani Dei and Others [AIR 1967 SC 1269]: This case reiterated that the Government Pleader is an officer of the Court and has a duty to assist the court with his fairly considered view, and valuable assistance is expected of him
2. Aruna Roy and Others v. Union of India [(2004) 7 SCC 368]: The Court highlighted that the role of the Government Pleader is not only confined to representing the government but also to ensure justice is served, especially where public interest is involved
3. Jagdish Prasad v. State [AIR 1972 All 69]: The Court held that a government pleader has authority to compromise in cases where state land is involved, as they represent and protect the interests of the state.

Conclusion

While the role of the Government Pleader under the Code of Civil Procedure, 1908 might seem complex, it is essential in ensuring the justice system functions as intended. They provide an important link between the government and the judiciary, ensuring all civil litigations involving the government are properly managed and resolved.

As always, SimranLaw strives to bring you simplified yet comprehensive legal insights, drawn from our team’s dedicated research and extensive experience in these fields.