The stipulation that in a suit by the Central Government, the authority to be named as plaintiff shall be "The Union of India" has been provided for in Section :

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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11.

The stipulation that in a suit by the Central Government, the authority to be named as plaintiff shall be "The Union of India" has been provided for in Section :

A: 78

B: 79

C: 79A

D: 77

The answer is: B

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Explanation

The correct option is B: 79.

Section 79 of the Code of Civil Procedure, 1908, states that in a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be:

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State.

This section is based on Article 300 of the Constitution of India, which deals with legal proceedings by or against the Union of India or State. The purpose of this section is to ensure that the Government is represented by a single entity and not by individual officers or departments.

This also avoids confusion and multiplicity of suits. Section 79 is a procedural law that defines the parties to a suit involving the Government, while Section 80 is a substantive law that requires a notice to be served before instituting such a suit. Section 79A and Section 77 are not related to this topic. Section 79A deals with suits by or against corporations or companies owned or controlled by the Government, and Section 77 deals with suits by aliens and by or against foreign rulers, ambassadors and envoys.