Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Order-27A Suits involving a substantial question of law as to the interpretation of CONTENTS 1. Notice to the Attorney-General or the Advocate-General 1A. Procedure in suits involving validity of any statutory instrument 2. Court may add Government as party 2A . Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument 3. Costs 4. Application of Order to appeals Order-27A Suits involving a substantial question of law as to the interpretation of Order-27A Suits involving a substantial question of law as to the interpretation of 1. Notice to the Attorney-General or the Advocate-General :- In any suit in which it appears to the Court that [any such question as is referred to 1[in Cl. (1) of Art. 132 read with Art. 147 of the Constitution], is involved, the Court shall not proceed to determine that question until after notice has been given to 2 [the Attorney- General for India] if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government. 1. Subs, by the A.O., 1950, for the words "in sub-section (1) of Sec. 205 of the Government of India Act, 1935". 2. Subs. by the A.O., 1950., for "the Advocate-General of India". 1A. Procedure in suits involving validity of any statutory instrument :- In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule 1, is involved, the Court shall not proceed to determine that question except after giving notice- (a) to the Government Pleader, if the question concerns the Government, or (b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government.) 2. Court may add Government as party :- T he Court may at any stage of the proceedings order that the Central Government or a State Government shall be added as a defendant in any suit involving 1[any such question as is referred to 2[in Cl. (1) of Art. 132 read with Art. 147 of the Constitution], if 3 [Attorney-General for India] or the Advocate-General of the State as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 1. Subs. by the A.O., 1948, for the words "a substantial question of law as to the interpretation of Government of India Act, 1935, or any Order-in-Council made thereunder". 2. Subs. by the A.O., 1950, for the words "in sub-section (1) of Sec. 265 of the Government of India Act, 1935". 3. Subs. by the A.O., 1950., for "the Advocate-General of India". 2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument :- The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1-A order that the Government or other authority shall be added as a defendant if the Government Pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule I-A or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.] 3. Costs :- Where, under rule 2 or rule 2-A, the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, cost in the Court which ordered the addition unless the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.] 4. Application of Order to appeals :- I n the application of this Order to appeals the word "defendant", shall be held to include a respondent and the word "suit" an appeal.