CPC 1908 § Order XXVII, Rule 8B — Definitions of “Government” and “Government pleader

Statutory text (English)

In this Order
“5[Government]” and “5[Government]” pleader means respectively—
(a) in relation to any suit by or against 9[* * * ] the 10[Federal Government], or
against a public officer in the service of that Government, the 10[Federal
Government] and such pleader as that Government may appoint whether
generally or specially for the purposes of this Order;
(b) 11[* * * * * *]
(c) in relation to any suit by or against a Provincial Government or against a public
officer in the service of a Province, the Provincial Government and the Government
pleader, or such other pleader as the Provincial Government may appoint, whether
generally or specially, for the purposes of this Order.]
1[ORDER XXVIIA
SUITS INVOLVING 2[ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF
CONSTITIONAL LAW].
1. Notice to the Advocate General. In any suit in which it appears to the Court that 2[ any
substantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed
to determine that question until after notice has been given to the 2[Attorney General for Pakistan] if the
question of law concerns the 3[Federal Government] and to the Advocate-General of the Province if the
question of law concerns a Provincial Government.
2. Court may add Government as party. The Court may at any stage of the proceedings order
that the 3[Federal Government] or a Provincial Government shall be added as a defendant in any suit
involving 2[any substantial question as to the interpretation of constitutional law] if the 2[Attorney
General for Pakistan] or the Advocate General of the Province as the case may be, whether upon receipt of
notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition
is necessary or desirable for the satisfactory determination of the question of law involved.
3. Costs when Government added as party. Where under rule 2 Government is added as a
defendant in a suit, 2[the Attorney General,] the Advocate-General or the Government shall not be entitled
to or liable for costs in the Court which ordered the addition unless the Court having regard to all the
circumstances of the case for any special reason otherwise orders.
4. Application of Order to appeals. In the application of this Order to appeals the word
“defendant” shall be held to include a respondent and the word “suit” an appeal.].

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXVII, Rule 8B (SUITS BY OR AGAINST 2[THE GOVERNMENT] OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 137, 138, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 137, 138) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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