By Y.Srinivasa Rao, Principal Senior Civil Judge, Tirupati.
‘Government Pleader’ section 2 (7) of CPC:
“Government Pleader” includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;
The Government Pleader is defined in Section 2(7) of Code of Civil Procedure which includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by the Code of Civil Procedure on the Government Pleader and also any Pleader acting under the directions of Government Pleader.
Order 27 Rule 8 B defines ”Government” and ”Government Pleader”. In the said order unless otherwise expressly provided ”Government” and ”Government Pleader” mean-
(c) In relation to any suit by, or against the State Government or against the Public Officer in the service of the State, the State Government and the Government Pleader as defined in clause 7 of Section 2, or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of the Order 27 of C.P.C..
It was held in AIR 1979 SC 1871 (1873), Section 2 (7) vests no sole control one one Government Pleader over others and Government is perfectly free to put a particular Government Pleader in charge of particular cases. Each one of them is a Government Pleader and may depute other lawyers and exercise control over such surrogates.
As was held in AIR 1970 SC 694 (702), an advocate appointed to act as special Government Pleader in a particular case does not hold any office and hence is not disqualified under Art.191 of the Constitution of India.