INSTITUTION OF SUITS ON BEHALF OF THE GOVERNMENT AND OBSERVANCE OF TIME LIMITS, REQUIRED TO AVOID THE GOVERNMENT CLAIM, BECOMING TIME BARRED.

Over the years Government activities has become so vast and so diverse that there is hardly any area where the common man does not come into contact with Government. The contact may be direct, in the form of Government services, Government tax and revenue collection or Government's land administration system or it may be indirect in the form of rules and Acts which regulate transactions even between private citizens or organisations. It is natural therefore that resolution of disputes arising from various transactions tend to involve the Government, either Central, State or local Government and in fact, Government is the biggest litigant . When the Government is required to initiate court action in any case, the decision to do so has to be taken at appropriate level in accordance with the standing orders of the Government or delegations made in this behalf. The following principles should be adhered to before or which instituting suits on behalf of the Government. No suit is to be brought on behalf of the Government except as the last resort, when all other means of obtaining satisfaction have failed. Further the institution of a suit on behalf of the government is not to be recommended or authorised until the proposed defendant has had ample opportunity of stating his view of the case and all efforts of coming to some agreement for the settlement of the Government claim out of court have failed. While it is the duty of the officers of the Government to enforce the rights of the Government and to protect its interests, the legal course should not be resorted to until all reasonable efforts have been made to effect an amicable adjustment, and the case for the Government has been enquired into departmentally and evidence secured on all points which are likely to be contested.