Section 76   [ View Judgements ]

Amendment of Order XVII

In the First Schedule, in Order XXVII,-

(i)in rule 5, the words "but the time so extended shall not exceed two months in the aggregate" shall be inserted at the end;

(ii)after rule 5, the following rules shall be inserted, namely:-

"5A.Government to be joined as a party in a suit against a public officer.- Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.

5B.Duty or Court in suits against the Government or a public officer to assist in arriving at a settlement

(1) In every suit or proceeding to which the Government, or a public officer acting in his official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to assist the parties in arriving at a settlement in respect of the subject-matter of the suit.

(2)If, in any such suit or proceeding, at any stage, it appears to the Court that there is a reasonable possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it thinks fit, to enable attempts to any other power of the Court to adjourn proceedings.".

(3)The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn proceedings.".

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