🗺️ Part IV · Suits in Particular Cases — Map (§§79–88 overview) ↗

CPC, 1908 · Part IV · Suits in Particular Cases · The Government as a litigant

Section 79 — Suits by or against Government

When the Government sues, or is sued, who exactly is written on the cause-title? Section 79 answers in one stroke: the Union of India for the Centre, and the State for a State Government.

§ 79

How to read Section 79

What it fixes

Only the name of the Government party — which juristic person to enter as plaintiff or defendant. It says nothing about the merits or who argues the case.

Two answers

The Central Government → “the Union of India”. A State Government → “the State”. Not a ministry, a department, or an officer.

Why it matters

Name the wrong entity and a suit can fail for misdescription. § 79 — with Order XXVII and Article 300 of the Constitution — keeps Government litigation in proper form.

The bare Act

Section 79 · verbatim

¹In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be—

(a) in the case of a suit by or against the Central Government, the Union of India², and

(b) in the case of a suit by or against a State Government, the State.

Amendment notes

1. The present § 79 was substituted by the Adaptation of Laws Order, 1948 for the original section.
2. In clause (a), “the Union of India” was substituted by the A.O. 1950 for “the Dominion of India” — after India became a sovereign Republic. The detailed procedure is in Order XXVII.

Key terms decoded

Suit by or against the Government

Any civil proceeding in which the Government — Central or State — is the plaintiff or the defendant.

The authority to be named

The correct legal name to put on the cause-title — the juristic person who sues or is sued. § 79 fixes the name only, not the department or officer who actually handles the matter.

The Union of India

The name for the Central Government as a litigant. Substituted by the A.O. 1950 for “the Dominion of India”.

The State

The name for a State Government as a litigant — e.g. “State of Tamil Nadu” — again the juristic person, not the Secretariat or a department.

As the case may be

Whichever role fits: plaintiff when the Government sues, defendant when it is sued.

Article 300, Constitution of India

The constitutional source: the Government of India may sue or be sued as the Union of India, and a State Government as the State. § 79 is its procedural counterpart in the Code.

The picture — one suit, two names

Section 79 fixes only the name on the cause-title — the Union of India for the Centre, the State for a State Government. Notice (§ 80) and the detailed procedure (Order XXVII) follow from there.

Section 79, clause by clause

The chapeau does four things in one breath — sets the trigger, fixes what is named, allows either role, makes it mandatory — then two clauses give the two names.

1 · The trigger

In a suit by or against the Government

Applies to any civil proceeding in which the Government is a party — whether it brings the suit or is sued, Centre or State.

2 · What is fixed

the authority to be named as plaintiff or defendant

Settles only the correct legal name for the cause-title — the juristic person to sue or be sued — not who argues the case or the merits behind it.

3 · Either role

as the case may be

Plaintiff when the Government sues; defendant when it is sued. Whichever role fits the suit.

4 · Mandatory

shall be

“Shall” — the naming is compulsory, not a matter of choice. The two permitted names follow in (a) and (b).

Clause (a) · Centre

in the case of a suit by or against the Central Government, the Union of India

For the Central Government the party is named “the Union of India” — not a ministry, a department, or “the Government of India” as such. This name replaced “the Dominion of India” in 1950.

Clause (b) · State

in the case of a suit by or against a State Government, the State

For a State Government the party is named “the State” — e.g. “State of Tamil Nadu” — again the juristic person, not the Secretariat or a particular department.

Amendment history — a timeline

1948 · A.O. 1948

The whole of § 79 was substituted, recasting the naming rule on the eve of the constitutional transition.

1950 · A.O. 1950

In clause (a), “the Union of India” replaced “the Dominion of India” — after India became a sovereign democratic Republic on 26 January 1950.

Connected provisions

Section 79 opens the Government-as-litigant cluster of Part IV: § 79 (who is named) leads into § 80 (notice before suit), § 81 (a public officer’s protections) and § 82 (how a decree against the Government is satisfied). The matching rules are in Order XXVII; the constitutional source is Article 300.

Article 300The constitutional anchor — the Government of India sues / is sued as the Union of India, a State as the State. § 79 is its procedural twin.

Order XXVIISuits by or against the Government or public officers — the detailed procedure (signing, conduct, agents).

§ 80 →Notice — a two-month written notice must ordinarily be given before suing the Government or a public officer.

§ 82 →How a decree against the Government (or a public officer) is satisfied — not by ordinary execution at once.

Test yourself

1 The State of Kerala wants to sue a contractor. In whose name is the suit filed? — “the State” (State of Kerala), by § 79(b).

2 A citizen sues the Central Government for a refund. Whom must he name as defendant? — “the Union of India”, by § 79(a) — not a ministry or officer.

3 Why “Union of India” and not “Dominion of India”? — the A.O. 1950 substituted it after India became a Republic.

Part IV · Suits in Particular Cases · Section 79 — Suits by or against Government.