R.P.Mookerjee, J. - (1.) In this matter two points have been raised before us for decision : (1) Whether the Government Pleader should be taken to have appeared for opposite parties nos. 2 and 3 who are officers of the Government; and (2) whether the counter affidavit prepared in the office of Sri Smriti Kumar Roy Choudhury, Advocate, may be received although he has not filed any power on behalf of any one of the three opposite parties.
(2.) The procedure to be followed for appearance on behalf of Government or public officers sued in their official capacity is contained in Order 27, Civil P. C. Under Rule 2 of the said Order persons being ex-officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government. Rule 8 of the said Order lays down the procedure in suits against a public officer : "(1) Where the Government undertakes the defence of a suit against a public officer, the Government Pleader upon being furnished with authority to appear and answer the plaint, shall apply to the Court, and upon such application the Court shall cause a note of his authority to be entered in the register of civil suits. (2) Where no application under Sub-rule (1) is made by the Government pleader on or before the day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between private parties."
(3.) Rule 8B of the said order defines a Government Pleader which means : "(a) in relation to any suit by or against the Central Government, or against a public officer in the service of that Government, the Central Government and such pleader as that Government may appoint whether generally or specially for the purpose of this Order : (c) in relation to any suit by or against a State Government or against a public Officer in the service of a 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 gene rally or specially, for the purpose of this Order." The other relevant provision in the Code of Civil Procedure to which reference need be made is the definition of Government Pleader as it appears in Section 2(7) of the Code : " '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.";