Section 77 in The Code of Civil Procedure
Title: Letter of request
In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within 1 [India]
1. Subs. by Act 2 of 1951, s. 3, for “the States”
Title: Commissions issued by foreign Courts
1[78. Commissions issued by foreign Courts.-- Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of
(a) Courts situate in any part of India to which the provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India; or
(c) Courts of any State or country outside India.]
1. Subs. by s. 11, ibid., for s. 78 (w.e.f. 1-4-1951).
Title: Suits by or against Government
1[79. 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, 2[the Union of India], and
(b) in the case of a suit by or against a State Government, the State.]
1. Subs by the A.O. 1948, for s. 79.
2. Subs. by the A.O. 1950, for "the Dominion of India".
1 [(1)] 2 [ Save as otherwise provided in sub-section (2), no suits 3 [shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been 4 [delivered to, or left at the office of]
(a) in the case of a suit against the Central Government, 5 [except where it relates to a railway] a Secretary to that Government;
6[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
7[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other officer authorized by that Government in this behalf;]
(c) in the case of a suit against 8[any other State Government], a Secretary to that Government or the Collector of the district; 9***
10* * * * *
and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
11[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (I); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be , a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (I), if in such notice
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
1. Section. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
2. Subs. by s. 27, ibid., for "No suit shall be instituted" (w.e.f. 1-2-1977).
3. Subs. by Act 26 of 1963, s. 3 for "shall be instituted against the Government" (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for "Instituted against the Crown
4. Subs. by the A.O. 1937, for "in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the District".
5. Ins. by Act 6 of 1948, s. 2.
6. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
7. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
8. Subs. by s. 3, ibid. for "a State Government" (w.e.f. 5-6-1964).
9. The word "and" omitted by the A.O. 1948.
10. Clause (d) omitted, ibid.
11. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
Title: Exemption from arrest and personal appearance
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.