Section 79 CPC — Suits by or against Government

Introduction

Section 79 of the Code of Civil Procedure, 1908 prescribes the proper authority to be named as the plaintiff or defendant when a civil suit is filed by or against the Government.

The provision is short, but it is important because the Government is not ordinarily described in the plaint merely as “Government of India” or “State Government” without identifying the legally prescribed party. Section 79 specifies the name in which the Government must sue or be sued.

The Section makes a distinction between the Central Government and a State Government. A suit by or against the Central Government is brought in the name of the Union of India, while a suit by or against a State Government is brought in the name of the State.

Section 79 must also be read with Order XXVII CPC, which contains detailed procedural rules governing suits by or against the Government and public officers.

Section at a Glance

Particular	Details
Section	Section 79 CPC
Subject	Suits by or against Government
Nature	Procedural
Main purpose	Prescribes the authority to be named as plaintiff or defendant
Central Government	Union of India
State Government	The State
Related provisions	Section 80 and Order XXVII CPC

Statutory Provision

Section 79 CPC provides:

“Suits by or against Government.—In 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 India, and

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

Thus, Section 79 contains two basic rules:

1. A suit involving the Central Government must name the Union of India.
2. A suit involving a State Government must name the State.

Meaning of Section 79 CPC

Section 79 does not create a substantive right to sue the Government. Instead, it determines the legal identity in which the Government is to appear as a party to a civil suit.

For example, if a person has a civil claim against the Central Government, the appropriate defendant is the Union of India, rather than simply describing the defendant as “Central Government.”

Similarly, where a suit is against a State Government, the appropriate defendant is the State concerned.

The provision therefore provides the formal legal description of the Government as a party to litigation.

Purpose and Object of the Provision

The main purpose of Section 79 is to provide clarity and uniformity concerning the legal identity of the Government in civil proceedings.

Its objectives include:

1. Identifying the proper Government party
   The Section specifies exactly how the Government is to be named in a suit.
2. Distinguishing the Union from the States
   It separately deals with suits involving the Central Government and State Governments.
3. Providing procedural certainty
   Government litigation can be conducted under a consistent legal description.
4. Connecting Government litigation with special procedural rules
   Section 79 operates alongside Section 80 and Order XXVII CPC.

Essential Requirements of Section 79

1. The suit must be by or against the Government

Section 79 applies where the Government itself is a party to the civil suit.

The provision applies both when the Government is the plaintiff and when it is the defendant.

2. Central Government — Union of India

Where the suit is by or against the Central Government, the authority to be named is:

Union of India.

Therefore, the proper description is not merely “Central Government.”

3. State Government — The State

Where the suit is by or against a State Government, the authority to be named is:

the State.

For example, where the State Government of Tamil Nadu is involved, the State is named as the party rather than describing an individual department as the Government itself, unless the applicable law requires otherwise.

How Section 79 CPC Operates

The operation of Section 79 is straightforward:

1. Determine whether the Government is a party to the proposed suit.
2. Identify whether the Government concerned is the Central Government or a State Government.
3. If it is the Central Government, name the Union of India.
4. If it is a State Government, name the State.
5. Follow the additional procedural requirements applicable to Government litigation, including those contained in Section 80 and Order XXVII CPC.

The Section therefore operates primarily at the stage of identifying and impleading the Government as a party.

Section 79 Applies to Both Plaintiffs and Defendants

An important point is that Section 79 is not limited to suits filed against the Government.

It expressly applies to a suit “by or against the Government.”

Therefore:

• Government filing a suit → the appropriate Government authority is named as plaintiff.
• Government being sued → the appropriate Government authority is named as defendant.

For the Central Government, that authority is the Union of India.

For a State Government, it is the State.

Section 79 and Section 80 CPC

Section 79 and Section 80 serve different purposes.

Section 79

Section 79 answers:

Who should be named as the Government party?

The answer is:

• Union of India for the Central Government.
• The State for a State Government.

Section 80

Section 80 primarily deals with the notice requirement before instituting a suit against the Government or a public officer in respect of an act purportedly done in official capacity.

Thus, Section 79 concerns the identity of the Government party, while Section 80 establishes an important procedural requirement for suits against the Government.

The two provisions should therefore be studied together.

Related Provisions

Section 80 CPC — Notice

Section 80 generally requires a two-month written notice before a suit is instituted against the Government or a public officer in respect of an act purportedly done in official capacity, subject to the exceptions contained in the Section.

Section 80 also contains a provision permitting a suit seeking urgent or immediate relief to be instituted with the leave of the court without serving the usual notice beforehand, subject to the conditions prescribed by the Section.

Therefore, correctly naming the Government under Section 79 does not by itself satisfy the procedural requirements of Section 80.

Order XXVII CPC

Order XXVII specifically deals with suits by or against the Government or public officers in their official capacity.

It contains rules concerning:

• persons authorised to act for the Government;
• pleadings in suits by or against Government;
• agents for Government to receive process;
• fixing the date for appearance on behalf of Government;
• joining Government as a party in certain suits against public officers;
• the court’s duty to assist in settlement;
• attendance of persons able to answer questions relating to suits against Government; and
• procedure in suits against public officers.

Section 79 should therefore be understood as the basic rule concerning the identity of the Government party, while Order XXVII provides the procedural framework for conducting such litigation.

Difference Between Section 79 and Order XXVII

Basis	Section 79	Order XXVII
Main subject	Identity of Government as party	Procedure in suits involving Government/public officers
Central Government	Union of India	Provides procedural rules for Government litigation
State Government	The State	Provides procedural rules for Government litigation
Nature	Basic statutory identification rule	Detailed procedural framework
Key question	Who should be named?	How is the suit conducted?

Practical Examples

Example 1 — Suit Against Central Government

A company has a civil claim arising from a contractual dispute with the Central Government.

The Government party should be described as:

Union of India

and not merely as “Central Government.”

The remaining procedural requirements applicable to a suit against the Government must also be considered.

Example 2 — Suit Against State Government

A person has a civil claim against the Government of a particular State.

The appropriate Government party under Section 79 is:

the State concerned.

The plaintiff must also consider the requirements of Section 80 and the relevant provisions of Order XXVII.

Example 3 — Government as Plaintiff

Suppose the Union Government itself institutes a civil suit to enforce a civil claim.

The plaintiff is named as:

Union of India

Section 79 therefore applies even though the Government is the plaintiff, not the defendant.

Common Confusions About Section 79 CPC

1. Section 79 vs Section 80

These provisions should not be confused.

Section 79: Determines the authority to be named as plaintiff or defendant.

Section 80: Deals primarily with the notice requirement before instituting certain suits against Government or public officers.

2. Section 79 vs Order XXVII

Section 79 tells us who the Government party is.

Order XXVII deals with how litigation involving Government is procedurally conducted.

3. Government Department vs Government

A Government department may be involved in the facts giving rise to a dispute, but Section 79 specifically identifies the authority to be named when the suit is by or against the Government.

For the Central Government, the statutory name is Union of India.

For a State Government, it is the State.

Practical Importance in Civil Litigation

Section 79 is important at the stage of drafting and institution of a suit involving the Government.

An advocate should carefully determine:

• whether the Government is actually a necessary party;
• whether the matter concerns the Union Government or a State Government;
• the correct description of the Government party under Section 79;
• whether Section 80 notice is required;
• whether an exception to Section 80 applies;
• and which provisions of Order XXVII govern the proceedings.

Correct identification of the Government party is particularly important because Government litigation is subject to additional procedural rules under the CPC.

Judicial Interpretation

Section 79 is principally concerned with the legal identity of the Government as a litigating party. The provision should not be treated as creating a separate substantive cause of action against the Government.

The broader law relating to Government liability in civil proceedings is connected with constitutional provisions, statutory provisions and principles governing State liability. Section 79 performs the narrower procedural function of prescribing the authority to be named in the suit.

Therefore, the fact that Section 79 identifies the Union of India or a State as the party does not by itself determine whether the underlying claim is legally maintainable. That question depends on the substantive and procedural law applicable to the particular dispute.

Importance for Law Students and Judiciary Exams

Section 79 is a short provision but is frequently connected with Sections 80–82 and Order XXVII.

What to Remember

• Section 79 applies to suits by or against Government.
• For the Central Government, the proper name is Union of India.
• For a State Government, the proper name is the State.
• Section 79 determines the identity of the Government party.
• Section 80 deals with notice before certain suits against Government or public officers.
• Order XXVII contains detailed procedural rules concerning suits by or against Government.
• Section 79 does not itself determine the substantive liability of the Government.

Important Questions to Prepare

1. What is the object of Section 79 CPC?
2. In whose name is a suit by or against the Central Government instituted?
3. In whose name is a suit by or against a State Government instituted?
4. Does Section 79 apply to suits filed by the Government as well as suits filed against it?
5. Distinguish Section 79 from Section 80 CPC.
6. Explain the relationship between Section 79 and Order XXVII CPC.
7. Does Section 79 itself create substantive liability against the Government?

Key Legal Principles

1. Section 79 identifies the Government party

The Section determines the authority that must be named as plaintiff or defendant when the Government is involved in a civil suit.

2. Union of India represents the Central Government

For a suit by or against the Central Government, the statutory authority to be named is the Union of India.

3. The State represents a State Government

For a suit by or against a State Government, the statutory authority to be named is the State.

4. Section 79 applies to both sides of litigation

The provision applies whether the Government is suing or being sued.

5. Section 79 is procedural

It identifies the Government party but does not itself establish the substantive liability of the Government.

ALSO READ: Section 78 – Commission Issued by Foreign Court

Key Takeaways

Concept	Principle
Section	Section 79 CPC
Subject	Suits by or against Government
Central Government	Union of India
State Government	The State
Applies to	Government as plaintiff or defendant
Main purpose	Identifying the proper Government party
Related provision	Section 80 CPC
Procedural framework	Order XXVII CPC
Substantive liability	Not determined by Section 79

Conclusion

Section 79 CPC provides a simple but important rule concerning the identity of the Government in civil litigation. Where the Central Government is involved, the suit must name the Union of India; where a State Government is involved, the suit must name the State.

The provision should be read alongside Section 80 and Order XXVII CPC. Section 79 answers the question of who is to be named as the Government party, while the surrounding provisions deal with the special procedural requirements applicable to Government litigation.