Section 2(7) CPC — Government Pleader

Introduction

Section 2(7) of the Code of Civil Procedure, 1908 defines the expression “Government Pleader.” The provision is important because the Government Pleader represents the Government in civil proceedings and performs functions assigned to the office under the CPC and other applicable laws.

Under Section 2(7), a Government Pleader includes any officer appointed by the Government to perform the functions expressly imposed by the CPC on the Government Pleader and any pleader acting under the directions of the Government Pleader.

The definition is therefore wider than merely referring to a person holding the formal designation of Government Pleader.

Section at a Glance

Particular	Details
Provision	Section 2(7) CPC
Defined expression	Government Pleader
Main role	Represents and acts for the Government in civil proceedings
Definition includes	Officers appointed by Government to perform prescribed functions
Also includes	Pleaders acting under the directions of the Government Pleader
Main relevance	Suits and proceedings involving the Government

Statutory Provision

Section 2(7) CPC provides:

“Government Pleader” includes any officer appointed by the State Government to perform any of the functions expressly imposed by this Code on the Government Pleader, and also includes any pleader acting under the direction of the Government Pleader.

The provision therefore contains an inclusive definition.

The expression includes:

1. an officer appointed by the State Government to perform functions imposed by the CPC on the Government Pleader; and
2. a pleader acting under the direction of the Government Pleader.

Meaning of Government Pleader

In simple terms, a Government Pleader is the legal representative or officer who performs the functions assigned by the CPC to represent the Government in civil proceedings.

The definition is deliberately broad because Government litigation may involve several officers and pleaders performing different functions.

Therefore, Section 2(7) does not restrict the expression only to a person formally designated as “Government Pleader.”

Essential Elements

1. Appointment by the State Government

The definition includes an officer appointed by the State Government to perform functions expressly imposed by the CPC on the Government Pleader.

The appointment must therefore be connected with the functions recognised by the CPC.

2. Performance of Functions Under the CPC

The officer must be appointed to perform functions that the CPC expressly imposes on the Government Pleader.

The definition is therefore functional as well as descriptive.

3. Pleaders Acting Under the Government Pleader

Section 2(7) also includes any pleader acting under the direction of the Government Pleader.

This enables other pleaders to perform litigation-related functions under the authority or direction of the Government Pleader.

Inclusive Nature of the Definition

The word “includes” is significant.

The definition does not merely provide a narrow description of one particular office. It expands the expression “Government Pleader” to cover persons falling within the categories specified in Section 2(7).

Therefore, when the CPC refers to a Government Pleader, the expression can encompass the persons expressly brought within the definition.

Government Pleader and Government

A Government Pleader acts in relation to litigation involving the Government.

However, the Government Pleader is not personally the party to the suit merely because the person represents the Government.

The distinction is:

Government = party represented

Government Pleader = legal officer/pleader performing functions in relation to the Government’s litigation

For example, where a suit is instituted against the State Government, the Government Pleader may represent the Government before the competent Court.

Section 2(7) and Suits by or Against Government

Section 2(7) is particularly relevant to Part IV of the CPC, which contains provisions relating to suits in particular cases, including suits by or against the Government or public officers in their official capacity.

Sections 79 to 82 contain important provisions concerning such litigation.

Section 79 — Suits by or Against Government

Section 79 identifies the manner in which the Government is to be named as a party in suits.

Section 80 — Notice

Section 80 generally requires notice before instituting a suit against the Government or against a public officer in respect of an act purportedly done in official capacity, subject to the statutory exceptions.

The Government Pleader may become involved in proceedings arising after such notice or after institution of the suit.

Section 81 — Exemption from Arrest and Personal Appearance

Section 81 contains certain protections concerning arrest and personal appearance of members of a legislative body in suits against the Government or a public officer.

Section 82 — Execution of Decree

Section 82 places special restrictions on execution of decrees against the Government or a public officer in certain circumstances.

The Government Pleader may therefore be involved at different stages of Government litigation.

Government Pleader Under Section 80

Section 80 is particularly important in understanding the practical role of the Government Pleader.

A person intending to institute certain suits against the Government must ordinarily serve the statutory notice required under Section 80.

The notice is addressed in the manner prescribed by the provision, including to the appropriate authority or Government Pleader depending upon the nature of the Government concerned.

The Government Pleader therefore serves an important procedural role in Government litigation.

Government Pleader and Notice

The Government Pleader may receive or deal with notices concerning proposed proceedings against the Government as provided by the CPC.

However, students should carefully distinguish between:

• the statutory requirement of notice under Section 80; and
• the legal representation of the Government during litigation.

The Government Pleader’s role may extend across both pre-litigation and litigation stages depending upon the applicable statutory provisions and governmental arrangements.

Government Pleader vs Public Prosecutor

These offices should not be confused.

Basis	Government Pleader	Public Prosecutor
Primary area	Civil proceedings	Criminal proceedings
Main framework	CPC and other civil laws	Criminal procedure and criminal laws
Role	Represents Government in civil litigation	Conducts criminal prosecution on behalf of the State
Typical proceeding	Civil suit involving Government	Criminal prosecution

A Government Pleader primarily deals with civil litigation, although the exact statutory responsibilities of the office may vary under applicable State laws.

Government Pleader vs Advocate for Private Party

A private advocate represents an individual or private entity based on the authority given by the client.

A Government Pleader acts for the Government within the governmental legal framework and under the authority applicable to the office.

The source and nature of authority are therefore different.

Practical Examples

Example 1 — Suit Against State Government

A files a civil suit against the State Government concerning a property dispute.

The Government is represented in the proceedings by the appropriate Government Pleader or other authorised law officer.

The officer’s role falls within the broader statutory framework recognised by Section 2(7).

Example 2 — Pleader Acting Under Government Pleader

The Government Pleader directs another pleader to appear and conduct a particular matter.

Section 2(7) expressly includes a pleader acting under the direction of the Government Pleader within the definition.

Example 3 — Officer Appointed by State Government

The State Government appoints an officer to perform functions that the CPC expressly assigns to the Government Pleader.

Such an officer falls within the definition under Section 2(7).

Practical Importance in Civil Litigation

Section 2(7) is important whenever the Government is involved in civil proceedings.

It helps identify the persons who may perform the procedural and representational functions associated with the Government Pleader.

The provision is particularly relevant to:

• suits by or against the Government;
• statutory notices under Section 80;
• representation of Government before Civil Courts;
• conduct of Government litigation;
• pleadings and appearances on behalf of Government; and
• execution proceedings involving Government, subject to the applicable provisions.

Common Confusions

Only a Person Formally Called “Government Pleader” Is Covered

Incorrect.

Section 2(7) expressly includes certain Government-appointed officers and pleaders acting under the direction of the Government Pleader.

Government Pleader Means Public Prosecutor

Incorrect.

A Government Pleader primarily relates to civil litigation, whereas a Public Prosecutor deals with criminal prosecution.

Government Pleader Is the Government

Incorrect.

The Government is the party being represented. The Government Pleader is the officer or pleader performing the relevant legal functions.

Section 2(7) Applies Only to One Particular Designation

Incorrect.

The definition is inclusive and focuses on the functions performed and the authority under which the person acts.

Importance for Law Students and Judiciary Exams

Section 2(7) is a definition that is frequently relevant when studying suits by or against the Government.

What to Remember

• Section 2(7) defines Government Pleader.
• It is an inclusive definition.
• It includes an officer appointed by the State Government to perform functions expressly imposed by the CPC on the Government Pleader.
• It also includes a pleader acting under the direction of the Government Pleader.
• The provision is closely connected with Sections 79–82 CPC.
• Government Pleader primarily concerns civil litigation involving the Government.

Important Questions to Prepare

1. Define “Government Pleader” under Section 2(7) CPC.
2. Why is Section 2(7) an inclusive definition?
3. Who can fall within the expression Government Pleader?
4. Can a pleader acting under the direction of the Government Pleader be covered by Section 2(7)?
5. What is the role of the Government Pleader in suits against the Government?
6. Explain the relationship between Section 2(7) and Section 80 CPC.
7. Distinguish between a Government Pleader and a Public Prosecutor.
8. What is the significance of Section 2(7) in Government litigation?

Key Legal Principles

1. Government Pleader is defined functionally

The definition focuses on persons appointed to perform functions imposed by the CPC on the Government Pleader.

2. The definition is inclusive

The term covers not only the formally designated Government Pleader but also persons specifically brought within Section 2(7).

3. State Government appointment is expressly recognised

An officer appointed by the State Government to perform the relevant CPC functions falls within the definition.

4. Pleaders acting under direction are included

A pleader acting under the direction of the Government Pleader is expressly included.

5. The provision is important in Government litigation

The definition assists in understanding the procedural framework applicable to suits involving the Government.

Key Takeaways

Concept	Principle
Provision	Section 2(7) CPC
Defined term	Government Pleader
Nature	Inclusive definition
First category	Officer appointed by State Government to perform specified CPC functions
Second category	Pleader acting under direction of Government Pleader
Main relevance	Civil litigation involving Government
Related provisions	Sections 79–82 CPC
Important provision	Section 80 — notice before suit against Government/public officer
Key distinction	Government Pleader is concerned primarily with civil proceedings; Public Prosecutor with criminal prosecution

ALSO READ: Section 2(6) – Foreign Judgment

Conclusion

Section 2(7) CPC provides an inclusive definition of Government Pleader. It covers an officer appointed by the State Government to perform functions expressly imposed by the CPC on the Government Pleader and also includes a pleader acting under the direction of the Government Pleader.

The provision is particularly important when studying suits by or against the Government, especially Sections 79 to 82 CPC. For examination purposes, the key point is to remember the two categories expressly included in the definition: the Government-appointed officer performing the prescribed CPC functions and the pleader acting under the Government Pleader’s direction.