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

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