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Abdur Rehman CPC

The document provides a comprehensive analysis of the legal framework governing suits against the government in Pakistan, primarily under the Code of Civil Procedure, 1908, and the Constitution of Pakistan. It outlines procedural requirements, grounds for suits, relevant case laws, and the concept of sovereign immunity, emphasizing the importance of prior notice before filing a suit. The conclusion highlights the progressive judicial approach in ensuring government accountability while navigating legal immunities.

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3 views5 pages

Abdur Rehman CPC

The document provides a comprehensive analysis of the legal framework governing suits against the government in Pakistan, primarily under the Code of Civil Procedure, 1908, and the Constitution of Pakistan. It outlines procedural requirements, grounds for suits, relevant case laws, and the concept of sovereign immunity, emphasizing the importance of prior notice before filing a suit. The conclusion highlights the progressive judicial approach in ensuring government accountability while navigating legal immunities.

Uploaded by

abdurrehman221b
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Governnment College Univeresity Lahore

CPC Assignment

Suits against Government


and it’s comprehensive analysis
With Relevant Case Laws

Abdur Rehman
Law Department
Roll No. 4966 Section
B
Suits Against the Government in Pakistan: Legal Framework and Judicial
Interpretation

Introduction

The principle that the state can be sued in a court of law is a significant aspect of modern
legal systems. In Pakistan, suits against the government are governed primarily by the Code
of Civil Procedure, 1908 (CPC), the Constitution of Pakistan, and specific statutory
provisions. This assignment examines the legal framework, procedural requirements, case
laws, and judicial interpretation regarding suits against the government in Pakistan.

Legal Framework

Suits against the government in Pakistan primarily fall under Section 79 of the CPC, which
states:

Section 79 CPC: “In a suit by or against the government, the authority to be named as
plaintiff or defendant shall be— (a) in the case of the Federal Government, Pakistan; (b) in
the case of a Provincial Government, the Province.”

No cause of action is provided in this section, and it only declares the mode of procedure
when the cause of action arises. The High Court of Bombay in Jehangir v. Secretary of
State (1904) held that Section 79 CPC merely sets out procedural aspects.

Additionally, Section 80 CPC mandates a prior notice to the government before initiating a
suit.

Section 80 CPC: “No suit shall be instituted against the Government (Central or Provincial)
or against a public officer in respect of any act purporting to be done by such officer in his
official capacity until the expiration of two months next after notice in writing has been
delivered.”

Failure to comply with these procedural requirements can render a suit inadmissible.
However, under Section 80(2) CPC, urgent relief can be sought without prior notice, subject
to court approval.

Order XXVII CPC – Procedure for Suits Involving Government or


Public Officers

Order XXVII CPC provides further procedural details:

1. Rule 1: The plaint or written statement in suits involving the government must be
signed by an appointed officer.
2. Rule 2: Recognized agents represent the government in judicial proceedings.
3. Rule 3: The government is named as per Section 79 CPC instead of listing individual
officers.
4. Rule 4: The Government Pleader is the agent for receiving legal processes.
5. Rule 5: The court must allow sufficient time for government responses.
6. Rule 5A & 5B: The government may be joined as a party in suits against public
officers, and courts assist in settlements.
7. Rule 6: Courts may direct attendance of government officials for material questions.
8. Rule 7 & 8: Public officers may seek extended time for government references, and
defense undertakings must be officially recorded.
9. Rule 8A & 8B: No security is required from the government in appeals, and
definitions of ‘Government’ and ‘Government Pleader’ are provided.

Grounds for Suits Against the Government

Suits against the government can arise under various circumstances, including but not limited
to:

1. Violation of Fundamental Rights – As provided under the Constitution of Pakistan,


1973.
2. Breach of Contract – Where the government enters into agreements and fails to
fulfill obligations.
3. Tortious Liability – When the government, through its officers, commits wrongful
acts causing harm.
4. Compensation for Illegal Acts – Including wrongful detentions, property
confiscation, or police excesses.

Case Laws on Suits Against the Government

1. Federation of Pakistan v. M/S Elahi Cotton Mills Ltd. (PLD 1997 SC 582)
o The Supreme Court held that the government is not immune from suits and
can be held accountable for arbitrary actions that affect citizens’ rights.
2. Hameed Akhtar Niazi v. Secretary Establishment (PLD 1996 SC 432)
o The court established that government functionaries could be sued for their
actions if they violate the law or fundamental rights.
3. Province of Punjab v. Muhammad Zafar (2007 SCMR 303)
o The Supreme Court emphasized that procedural compliance with Section 80
CPC is mandatory before instituting a suit against the government.
4. Federation of Pakistan v. Muhammad Saeed (PLD 1972 SC 297)
o It was held that the government could be sued in contractual matters, rejecting
the argument of sovereign immunity.
5. Bihari Chowdhary v. State of Bihar (1984)
o The Indian Supreme Court ruled that the purpose of Section 80 CPC is to
facilitate justice, ensuring government has an opportunity to resolve disputes
before litigation.

Immunity of the Government and Exceptions

Under the doctrine of sovereign immunity, certain government functions are protected from
litigation. However, Pakistani courts have recognized exceptions, particularly where
fundamental rights are at stake.

Article 199 of the Constitution – Writ Jurisdiction

Citizens can file constitutional petitions against unlawful government actions. Courts have
frequently used this provision to hold government agencies accountable.
Procedural Requirements for Filing a Suit

1. Issuance of Notice: As per Section 80 CPC, a two-month notice is mandatory unless


seeking urgent relief.
2. Filing of Suit: The plaintiff must clearly state the cause of action and seek specific
reliefs.
3. Representation by Attorney General or Advocate General: The government is
usually represented by the Attorney General (for federal cases) or the Advocate
General (for provincial cases).

Challenges in Suing the Government

1. Bureaucratic Delays – Government litigation is often prolonged due to procedural


inefficiencies.
2. Sovereign Immunity Claims – The government may argue immunity, complicating
legal proceedings.
3. Judicial Overreach Concerns – Courts must balance their authority to review
government actions with respect for executive decisions.

Conclusion

The legal framework in Pakistan permits citizens to file suits against the government under
prescribed conditions. While procedural requirements such as prior notice must be fulfilled,
courts have demonstrated a progressive approach in adjudicating such suits, ensuring
accountability while respecting legal immunities. The interplay between statutory provisions,
constitutional protections, and judicial interpretations continues to shape the jurisprudence on
this subject.

References

 The Code of Civil Procedure, 1908


 The Constitution of Pakistan, 1973
 PLD 1997 SC 582 (Federation of Pakistan v. M/S Elahi Cotton Mills Ltd.)
 PLD 1996 SC 432 (Hameed Akhtar Niazi v. Secretary Establishment)
 2007 SCMR 303 (Province of Punjab v. Muhammad Zafar)
 PLD 1972 SC 297 (Federation of Pakistan v. Muhammad Saeed)
 Bihari Chowdhary v. State of Bihar (1984)
1

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