Suits by or against Government
Section 79 of the Code of Civil Procedure, 1908 deals with 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.] The Act came into force on 01 Jan 1909.
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.]
Section 79, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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District Collector, Srikakulam vs Bagathi Krishna Rao
Court's Decision & Legal Precedent
When a suit seeks declaration of title and possession of land and the State Government claims title to the same land through a Gazette Notification, the State Government is a necessary party to the suit and must be impleaded as a party in its own name under Section 79 CPC and Article 300 of the Constitution. Individual government officers (such as District Collector or Forest Officer) cannot file appeals or represent the State's interests in litigation without the State itself being properly impleaded as a party. Non-joinder of such necessary party is fatal to the maintainability of the appeal, particularly where the State's title is in question. Therefore, when a Second Appeal has been filed by government officials without impleading the State as a party, the appeal is not maintainable and must be remanded to the High Court to permit the State's impleadment before proceeding with the decision on merits.
On this section: Deals with suits by and against Government; directs that the authority to be impleaded as plaintiff or defendant shall be Union of India or State Government (not individual officers); cited to establish that State of Andhra Pradesh should have been impleaded as appellant party, not individual officials
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 79
What have the courts held on Section 79 of the Code of Civil Procedure?
District Collector, Srikakulam vs Bagathi Krishna Rao (02 Jun 2010) is the leading judgment on this section among those set out below: Deals with suits by and against Government; directs that the authority to be impleaded as plaintiff or defendant shall be Union of India or State Government (not individual officers); cited to establish that State of Andhra Pradesh should have been impleaded as appellant party, not individual officials.
How do I find court cases under Section 79 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 79, section 79 CPC, section 79 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with District Collector, Srikakulam vs Bagathi Krishna Rao (02 Jun 2010).
When did Section 79 of the Code of Civil Procedure come into force?
Section 79 of the Code of Civil Procedure, cited as CPC 79, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.