The Karnataka Conduct of Government Litigation Act, 2023

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KARNATAKA ACT NO. 28 OF 2023

THE KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023
Arrangement of Section
Sections:
1. Short title, commencement and application
2. Exemptions
3. Definitions
4. Government permission required for institution of cases
5. Procedure for institution
6. Sanction of Prosecution
7. Preparation of plaint
8. Procedure after presentation
9. Responsibilities of Litigation Conducting Officer
10. Procedure in urgent cases
11. Procedure in case of notice under section 80 of the Civil Procedure Code, 1908
12. Examination of claim
13. Application to Writ Petitions
14. Summons and appearance
15. Preparing Defense Statement
16. Sanctioning defense
17. Approval of the defense
18. Duties and Responsibilities of the Law Officer
19. Powers and Functions of the Law Secretary
20. Duties of the Litigation Conducting Officer
21. Framing of Issues
22. Assistance through the trial

23. Production and Custody of Documents
24. Witnesses
25. Examination on commission
26. Safeguarding Government interest
27. Certified copies
28. Appeallable cases
28A. Designated Officer
28B. Non-Compliance of Court Order
29. Appeal by the Government
30. Appeals against the Government
31. General
32. Writ Petitions filed against the Government
33. Taking notice upon direction
34. Procedure after notice
35. Draft Counter Statement
36. Approval of Draft
37. Conduct of cases
38. Writ Appeals
39. Cases filed by the State Government
40. Issue of Authorisation
41. Other requirements about the Order
42. Duty of Law Officer
43. Advocate General to coordinate
44. Cases filed against the Government
45. Expenses of the Advocate on record
46. Duties of the Advocate on Record
47. Authorisation to conduct cases

48. Documents to be made available
49. Conducting Evidence
50. Certain obligations of the concerned Deputy Commissioner and any
officer specially designated by the Government
51. Forged and make believe documents
52. Enhancement of compensation
53. Appeal against Award of Authority
54. Deposit of amount
55. Procedure in Accident Claims
56. Decrees in favour of Government
57. Remittance of amount recovered
58. Attachment of Property
59. Bad Debts
60. Maintenance of Registers
61. Decrees against the Government
62. Procedure upon notice
63. Procedure where no appeal is filed
64. Duties of the Prosecutors
65. Procedure after Judgment
66. Appealable cases
67. Non-appealable cases
68. Appeals against the Government
69. Procedure upon disposal
70. Non- appealable cases
71. Specific Duties of Prosecuting Officers
72. Maintenance of Registers and Furnishing of Quarterly Reports
73. Duties of the Deputy Commissioners

74. Duties of the Heads of Department
75. Power to issue directions
76. Nodal Officer
77. State Level Committee
78. District Level Committee
79. Functions of the State and District Level Committee
80. Uploading of Court Cases
81. Duties and Responsibilities of AG/AAG/HGA/AGA/ Government Advocate
82. Power to make rules
83. Savings

STATEMENT OF OBJECTS AND REASONS
I
Act 28 of 2023.- There are Rules, Orders, Notifications, circulars., etc
with regard to conduct of State Litigations before the Law Courts and
Statutory Tribunals in the State. Further, it is considered necessary to enact
an effective Legislation to ensure efficient and re sponsible conduct of
Government Litigation before the Law Courts and Statutory Tribunals in the
State.
Hence, the Bill
[L.A. Bill No. 14 of 2023, File No. SAMVYASHAE 21 SHASANA 2023]
[Entry 12 and 13 of List III of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra -ordinary No.344 in part -IVA
dated:27.07.2023]
II
Amendment A ct 68 of 2025 :- It is considered necessary to amend
the Karnataka Conduct of Government Litigation Act, 2023 (Karnataka Act
28 of 2023) to,-
(i) implement the directions given by the Hon'ble High Court of
Karnataka in writ petition No.11822 of 2024(GE-RES-PIL);

(ii) appoint an Officer as Designated Officer to supervise the
enforcement or compliance of the orders of the court of law; and

(iii) to specify the procedure for Non-Compliance of court order.
Hence, the Bill.

[L.A. Bill No. 47 of 2025, File No. SAMVYASHAE 62 SHASANA 2025]
[Entries 12 and 13 of List III of the Seventh Schedule to the Constitution of
India]
[Published in Karnataka Gazette Extra-ordinary No.589 in part -IVA
dated:12.09.2025]

KARNATAKA ACT NO. 28 OF 2023
(First Published in the Karnataka Gazette Extra-ordinary on the 27th day of July
2023)

THE KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023
(Received the assent of the Governor on the 27th day of July, 2023)
(As amended by Act 68 of 2025)
An Act to ensure efficient and responsible conduct in the matter of handling
Government Litigation before the Law Courts and Statutory Tribunals in the State.
Whereas it is expedient to provide by law to ensure efficient and responsible
conduct in the matter of handling Government Litigation before the Law Courts and
Statutory Tribunals in the State.
Be it enacted by the Karnataka State Legislature in the Seventy-Fourth year
of the Republic of India as follows:-

CHAPTER I
PRELIMINARY

1. Short title, commencement and application :- (1) This Act may be
called the Karnataka Conduct of Government Litigation Act, 2023.
(2) It shall come into force on such date as the State Government may by
1[notification]1 in the Official Gazette appoint.
1. This Act has come into force w.e.f. 02.09.2023. by Notification No. LAW/LCE/136/2023 Dated: 02.09.2023. (See
the text notification at the end of the Act)
(3) The provisions of this Act shall apply to the conduct of litigation by or on
behalf of the Government of Karnataka or any officer of the Government in his
official capacity, before Law Courts and Statutory tribunals in the State.
2. Exemptions. - Nothing in this Act shall apply to applications seeking
conferment of occupancy rights or the determination of surplus land under the
Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962).
3. Definitions.- (1) In this Act, unless the context otherwise requires. -

(a) "Case" means any proceeding pending in a Court of Law or a
statutory tribunal to which the State Government or any of its
officers in his official capacity, is a party;

(b) "Departmental Secretar y" means the Secretary to
Government in the Administrative Department having
allocation of the business concerned in the matter of the case,
under the Karnataka Government (Allocation of Business)
Rules, 1977 and includes the Head of the Department
concerned in the context of cases pending before trial courts;
(c) “District Level Committee ” means a committee constituted
under section 78 of the Act;
(d) "Government" means the State Government;
(e) "Head of the Legal Cell" means an officer appointed as Head
of the Legal Cell, or any other officer notified as such by the
Government;
(f) “Incorporation of Technology” means and includes the court
case monitoring system and such other software as developed
by NIC, e-governance or such other agency as specified by the
Government from time to time;
(g) "Law Officer" has the same meaning as in the Karnataka Law
Officers (Appointment and Conditions of Service) Rules, 1977;
(h) "Legal Cell" means the Legal Cell established in each of the
Secretariat Departments of the Karnataka Government
Secretariat;
(i) "Litigation Conducting Officer " means, in relation to each
case, the Officer in the department concerned who is placed in
charge of the conduct of litigation in that case;
(j) "Nodal Officer" means an officer appointed as Nodal Officer
by the Government by Notification; and
(k) “State Level Committee ” means a committee constituted
under section 77 of the Act.
(2) All the other words used but not defined in this Act shall have the same
meaning as assigned to them in the Karnataka General Clauses Act, 1899
(Karnataka Act No.III of 1899).

CHAPTER II
CASES FILED BY THE GOVERNMENT

4. Government permission required for institution of cases. - Subject to
general or special orders made by the Government in this behalf, no case on behalf
of the Governme nt or any of its officers shall be instituted in a Court against any
person or authority without the sanction of the Government granted in accordance
with the provisions of this Act.
5. Procedure for institution .- (1) Where it appears to an offic er of the
Government that it is reasonably necessary to institute a case for protecting any
right or interest or any property of the Government or to prevent injury or damage
to such right, interest or property, he shall forthwith submit to the Government,
through proper channel, a detailed report of the facts and circumstances of the
case.
(2) The report under sub -section (1), shall contain the following particulars,
namely.-
(a) a brief history of the case;
(b) the facts and circumstances calling for institution of the case;
(c) the date and place of occurrence of the cause of action;
(d) nature of violation, default or injury;
(e) form and probable extent of damage or claim;
(f) copies of the evidence upon which the claim is based and of the
provisions of the law, rules, notifications, orders, circulars or records,
inspection of which is considered necessary for a proper elucidation of
the case;
(g) points of objection that are likely or open to be urged by the opponents
in the case;
(h) evidence, both oral and documentary, which may or is likely to be
pressed into service against the claim;
(i) where the proposed case is for recovery of money,
(i) a report of whether the institution of the case is
necessary notwithstanding the fact that the possibility

of recovery is doubtful, with reas ons for the
conclusion;
(ii) the financial status and position of assets of the
persons against whom the case is proposed to be filed
in order to know whether it is possible to obtain
satisfaction of the decree that may be passed against
him.
(j) particulars of all earlier litigation, if any, between the parties and the
result thereof;
(k) particulars of earlier litigation, if any, involving similar questions and
the result thereof;
(l) special grounds which render the filing of the case necessary and the
consequences of not filing the case; and
(m) other particulars as may be prescribed.
(3) If the Officer making the report is an Officer subordinate to the Secretary,
Head of the Department, shall on receipt of such a report examine the matter and
forward the matter and the report along with his remarks to the Departmental
Secretary.
(4) If after considering the report the Departmental Secretary is satisfied that
it is necessary to file a case, he shall refer the case to the Head of the Legal Cell of
the Department along with particulars of.-
(i) the Officer who is conversant with the facts of the case;
(ii) the Officer who shall be the Litigation Conducting Officer for the
case; and
(iii) the officer who is to sign and verify the pleadings and affidavits
in the case and shall also indicate the date within which the
case should be filed in the Court.
6. Sanction of Prosecution. - (1) Upon receipt of the reference from the
Departmental Secretary, the Head of the Legal cell shall examine the legality of the
case, call for such further or additional information, documents or evidence and
such files as he may think necessary and take a final decision in the matter. If the
Head of the Legal cell deci des to file a case he shall refer the case to the Law
Department for order of sanction to file the case:

(2) The Law Department may, after considering all aspects of the case, may
either reject the proposal or approve the proposal. In case it has rejecte d, it shall
inform the Head of the Legal Cell giving reasons for the rejection and copy thereof
sent to the Departmental Secretary. Where the Law Department approves the
proposal it shall sanction the institution of the case and inform the Head of the
Legal Cell concerned and the Departmental Secretary and also authorize the Law
Officer to be in charge of the litigation to file the case within a date, not later than
the date of bar by limitation, to be specified in the authorization.
7. Preparation of pla int.- (1) The Head of the Legal Cell concerned shall
thereupon coordinate with the Litigation Conducting Officer and the concerned Law
Officer and get a draft plaint or petition prepared by the Law Officer, and submit
the same to the Law Department for approval.
(2) The Law Department shall examine the draft, ensure that all the points
both legal and factual are pleaded, accord approval and forward the approved
plaint or petition to the Litigation Conducting Officer.
(3) The Litigation Conducting Offic er shall then get it signed and verified by
the officer who is authorized to sign and verify the pleading and thereafter entrust
the same along with required number of copies thereof to the Law Officer concerned
for presentation before the Court well withi n the date indicated in the sanction
order or within the date of bar of limitation, whichever is earlier.
8. Procedure after presentation. - (1) The Law Officer shall forward a true
copy of the plaint and its enclosures as actually presented to the Court along with
the date of presentation of the plaint, to the Government in the Law Department,
and where the case is required to be filed in a Court of Civil Judge (Junior division),
also to the Director of Prosecutions and Government Litigation.
(2) The Law Officer shall intimate the number of the case as soon as it is
registered and shall also forward true copies of the written statements, counter and
other pleadings filed by the defendant, filing of Interim application and obtaining
Ad-Interim Temporary Injunction, issues framed in the suit and amendments if any
to the pleadings or issues, as and when such are filed in the court. Expenses of
obtaining certified copies wherever necessary shall be incurred and paid out of the
contingency fund as provided in Article 240(b) of the Karnataka Financial Code.
9. Responsibilities of Litigation Conducting Officer. - (1) It shall be the
duty of the Litigation Conducting Officer to regularly watch the progress of the

case and to give necessary instructions to the Law O fficer to whom the case is
entrusted, at all stages till the final disposal of the case. Before instructing the Law
Officer, wherever necessary, he shall obtain the order of his official superior or any
higher officer in such manner as he considers proper.
(2) The Litigation Conducting Officer shall, wherever necessary or expedient,
take steps for obtaining appropriate interlocutory orders like attachment before
judgment, temporary injunction, order of status -quo ante and the like and shall
take such other steps as are available under the code of Civil Procedure or other
laws for protection and preservation of government property and for the effective
prosecution of the case.
10. Procedure in urgent cases. - (1) In case of urgency such as where it is
necessary to act immediately to protect any right, interest or property of the
Government, or the delay would otherwise be prejudicial to the interests of the
Government, then, notwithstanding anything contained in section 9, the Officer
referred to in sub -section (1) thereof, may, if he is a Group -A Officer, on his own
responsibility, and if he is not a Group A Officer with the approval of his official
superior who is a Group A Officer get the case filed in consultation with any Law
Officer.
(2) As soon as may be after the case is filed, he shall bring the fact to the
notice of the Departmental Secretary and forward his report under section 5 in the
manner specified therein:
Provided that, in such a case, the Departmental Secretary may after scrutiny
and in consultation with the Law Department, record his reasons for withdrawal of
the case and withdraw the case, at any time.
11. Procedure in case of notice under section 80 of the Civil Procedure
Code, 1908.- (1) On the receipt of a notice under section 80 of the Code of Civil
Procedure, 1908, the officer receiving the notice shall as soon as may be after such
receipt; seek para wise remarks from the officers concerned and forward it to the
Departmental Secretary. The Departmental Secretary shall examine the claim made
in the notice and the para -wise remarks there -against and take a final decision
including the possibility of recording a settlement out of Court, within fifteen days
from the date of the receipt of the notice.
(2) The Departmental Secretary shall, while examining a case, have due
regard to the following aspects, namely.-

(i) in regard to a claim which has already been examined and
rejected, consider whether any new point which has not been
examined earlier has been raised. Such a new point, if any,
shall be thoroughly examined and it shall be considered
whether the earlier decis ion requires to be revised. If the Law
Department had not been consulted earlier or if new points
have been raised, the advice of the Law Department shall be
obtained before taking a final decision; and
(ii) in regard to a claim which is still under consideration or which
has not been examined examine the same and take a decision
as early as possible in consultation with the Law Department.
(3) While making a reference to the Law Department the Departmental
Secretary shall prepare and forward a self -contained note giving the history of the
claim and the para-wise comments on the various allegations made in the notice.
(4) If the claim is genuine and requires to be admitted, the Departmental
Secretary shall take immediate action to settle the claim forthwith. If the claim can
be admitted in part only, no response shall be sent without consulting the Law
Department.
(5) In case of claims arising out of an agreement or contract, where there is a
provision in the agreement for referring the matter to arbitration or otherwise where
there is provision in law to seek remedy by way of appeal, review or revision
alternatively, the party may be advised in the reply to the Notice, to avail the
alternative remedies if he so chooses.
12. Examination of claim. - (1) Every such notice shall be treated on "top
priority” basis and dealt with accordingly and the examination of the claim shall be
completed and response sent within sixty days from the date of receipt.
(2) The Law Department shall not endorse its opinion on the f ile that the
filing of the case may be awaited or that the case if filed may be resisted, without
examining the claim in detail. The main lines of defense that are available to
Government and the citations in support thereof shall be recorded succinctly on
the file.
13. Application to Writ Petitions. - The provisions of sections 4 to 10
and 12 above, shall apply mutatis mutandis to filing of writ petitions by the
Government.

CHAPTER III
CASES FILED AGAINST THE GOVERNMENT

14. Summons and appearance. - (1) Where in a case other than a Writ
Petition instituted against the State Government or against an officer of the State
Government in his official capacity, summons or notice thereof is served on such or
any other officer of the State Government, such officer shall unless he is himself
the Departmental Secretary, report the fact of such summons or notice to the
Departmental Secretary, who shall make a request to the Law Secretary to
authorize a Law Officer to appear for the Government in the case and e nsure that
the case is not heard or decided ex-parte.
(2) The Departmental Secretary shall indicate to the authorized Law Officer
the name of the officer who is conversant with the subject matter or the facts of the
case, the name of the officer who is to verify and sign the pleading to be filed in the
case and of the Litigation Conducting Officer for the case and shall also furnish to
the Law Officer, copies of all documents necessary for defending the case and at the
request of the Law Officer entrust the files relating to the matter to the Law Officer.
(3) Where a summons or notice in a case is addressed to the Chief Secretary
to Government, the Head of the Legal Cell in the concerned department shall
receive the same The Head of the Legal Cell shall send request to the Law
Department to authorize a Law Officer to appear on behalf of the Government and
also forward a copy of the pleading and Interim applications received by him to the
Departmental Secretary and to the Head of the Department for taking necessary
action, to offer remarks and to forward the report and papers indicated in sub -
section (2).
15. Preparing Defense Statement. - (1) The authorized Law Officer shall
obtain from the Departmental Secretary, and where the case concerns more than
one department from all the concerned Departmental Secr etaries, details of the
facts and circumstances leading to the institution of the case together with the
para-wise remarks in respect of the averments made in the petition, plaint or any

interim application and prepare the Statement of Objections or as the case may be,
the Written Statement to be filed into Court in appropriate time.
(2) Where different departments are sued jointly or if the claim in a suit
relates to the acts of two or more departments, the authorized Law Officer shall
with least possible delay, communicate with each one of the Departmental
Secretaries and/or other officers named in the plaint or petition and arrange to set
up, if possible, a common line of defense and prepare a common Statement of
Objections or as the case may be a common Written Statement.
16. Sanctioning defense. - If upon examination of the case the Law
Secretary finds that the Government needs to defend against the claim, he shall
forthwith issue orders sanctioning the defense and instructing a Law Officer to
appear and defend the Government or, as the case may be, the Officer or officers
sued in the case. The order shall also specify the officer who shall be the Litigation
Conducting Officer for the case and the officer who is authorised to sign and verify
the pleadings.
17. Approval of the defense. - The authorized Law Officer shall after
preparing the Statement of Objections or as the case may be the Written
Statement, put up the same to the Law Secretary accompanied by the copies of the
plaint, petition or other p leadings in the case, copies of para -wise remarks and
relevant documents seeking his approval of the defense. The Law Secretary shall
also be kept informed of. –
(a) the date fixed by the Court for the first or next hearing;
(b) whether notice under Sectio n 80 of the Code of Civil Procedure 1908 has
been given by the plaintiff and if so, the date of delivery of such notice,
and the authority to which such notice was given, along with a copy of
such notice; and
(c) the name and other particulars of the offic er who is conversant
with the facts of the case, the Litigation Conducting Officer for the
case and the name of the officer who is to be authorized to sign
and verify the pleadings.
18. Duties and Responsibilities of the Law Officer.- (1) It shall be the duty
of the authorized Law Officer:
(a) to study the case with reference to the case law on the subject and
raise all points of defense open to the Government;

(b) not to treat the drafting of the written statement or counter as a
matter of routine;
(c) to go throug h the para -wise remarks, the relevant files and
acquaint himself fully with the facts of the case after discussion
with the concerned officers;
(d) to prepare and forward the draft written statement or counter along
with the connected records to the Law Secret ary for approval of the
defense;
(e) where the matter is urgent, to take the draft and the records
personally to the Law Secretary and obtain his approval thereto;
(f) to file the statement of defense or the counter or other pleading and
documents into court in proper time;
(g) to draft of the pleadings properly;
(h) to send copies of all pleadings filed in Court to the Law Secretary;
(i) to conduct the case with utmost care and vigilance; and
(j) to do such other things as the State Government may from time to
time require from him
(2) It shall be the responsibility of the Law Officer to see that sufficient
extension of time, if necessary by filing application, is obtained for the purpose of
filling written statement or counter and to see that in no case, any order against
the Government or an Officer is passed by the Court ex-parte.
(3) In cases of urgent necessity the Law Officer may, in consultation with the
Departmental Secretary or the Officer concerned, prepare the final written
statement or counter in defense of the claim and file it before the Court and later
obtain ratification from the Law Secretary who may after scrutiny direct an
additional written statement or counter to be filed,
(4) Where in any case an Interim Order is passed ex -parte against the
Government It shall be the duty of the law officer to contact the Litigation
Conducting Officer and to take necessary steps to get the order vacated, by filling
proper application. For that purpose it is not necessary to wait for specific
instruction or direction fr om the concerned Departmental Secretary or the Law
Secretary

19. Powers and Functions of the Law Secretary. - (1) The Law Secretary
shall have the power to call for such further information, documents or records as
may be found necessary, to require the pr esence of any officer for consultation and
to make any correction, addition or alteration in the draft written statement or
counter.
(2) It shall be obligatory on the Law Secretary,
(a) not to treat the scrutiny of case papers, documents and the
draft defense, counter or other pleading as a matter of routine;
(b) to take care that no admissions that are not warranted by the
records are made to the Court;
(c) to ensure that all points of defense, factual and legal, as are
open to be taken are properly and adequately r aised and
included in the final written argument; and
(d) to do all other things as are required to be done for effective
conduct of the case.
20. Duties of the Litigation Conducting Officer. - (1) The Litigation
Conducting Officer shall watch the progress o f the case regularly and furnish all
information and records required by the authorized Law Officer at all stages till the
final disposal of the case including appeal, review or revision if any filed. In doing
so he shall obtain, wherever necessary, orders of the official superior or any other
higher Officer.
(2) The Litigation Conducting Officer shall get the required number of copies
of the statement of defense, counter or other pleadings prepared and get it signed
and verified by the Officer authorised to sign and verify and then hand over the
same to the Law Officer for presentation before the Court.
(3) Where any interim order is passed in any case affecting the interest of
the Government the Litigation Conducting Officer shall act through the Law Of ficer
to get such order vacated.
CHAPTER IV
CONDUCT OF CASES

21. Framing of Issues. -Wherever issues are framed in a case the Law
Officer shall verify whether all necessary and proper issues required to be framed in
the case have been framed or not. If, the issues framed are defective in any

manner, or if proper issues have not been framed he shall file necessary application
for amendment, deletion or for framing of additional issues. He shall send a true
copy of the issues so framed or amended, as the case may be to the Law Secretary.
22. Assistance through the trial. - (1) The Litigation Conducting Officer
shall regularly watch the progress of the case and provide the Law Officer
concerned with all necessary documents, files, evidence and assistance so as to
facilitate effective conduct of the case. He shall personally attend the Court an d
assist the Law Officer in the trial of the case. If for any valid reason however he is
unable to attend personally, he may on his own responsibility with the permission
of his official superior depute a responsible officer who is thoroughly conversant
with the facts of the case and who is capable of giving adequate and necessary
instructions to the Law Officer for effectively prosecuting the case.
(2) Every Officer of the department concerned whose presence is required by
the Law Officer has a duty to go before the Law Officer and furnish information
called for by him. The Law Officer shall not hold the departmental officers for any
more time than what is reasonably required. By mutual arrangement they may
meet at any commonplace including the official c hambers of the officer. The Law
Officer shall prepare himself for the trial of the case well in advance and shall not
seek adjournment of the case without proper excuse.
(3) The Departmental Secretary and the Head of the Department shall
ensure that the Litigation Conducting Officers discharge their functions effectively
and diligently and in the best interest of the Government. Either or both of them
may issue such instructions as each of them may consider necessary, including the
steps to be taken in th e event of change of the Litigation Conducting Officer. As
soon as a new Litigation Conducting Officer takes over, his name and address shall
be intimated to the Law Officer and the Law Secretary.
23. Production and Custody of Documents. - The following steps shall be
taken to make available the documents for purposes of the trial, namely,-
(a) All available documentary evidence shall be diligently collected
carefully examined and produced before the Court on or before the
day fixed for its reception;
(b) Making a pplication for adjournment for production of document
shall as for as possible be avoided and such application on behalf
of the opposite party shall, unless they are made for sufficient

reasons, be resisted as they tend to prolong the litigation and give
opportunities for fabrication of false evidence;
(c) When a suit is instituted upon a document, the document sued
upon shall be produced in Court along with the plaint as required
under Order 7, Rule 14 of the Code of Civil Procedure1908;
(d) The Law Officer shall take steps to get important and valuable
documents kept in safe custody in Court. The Officers handing over
important documents to the Law Officer, either for production in
Court or for reference, shall take proper acknowledgement there-for
from the Law Of ficer. Whenever documents are produced in Court,
they shall be produced along with a list obtaining due
acknowledgment from the Court;
(e) Wherever certified copies or extracts or photo copies of documents
are admissible, production of the originals shall be avoided;
(f) Whenever production of a particular document in a file is
necessary, only such document shall be produced in Court and the
production of the entire file of the department should be avoided;
(g) Whenever production of a document in original is found nec essary,
an authenticated copy (preferably a photo copy) of such document
shall be retained in the department file along with a note to the
effect that the original has been filed in Court mentioning the case
number, year, and the date of production;
(h) Documents filed by the opponents shall be carefully examined and
compared with the originals wherever possible at the earliest
opportunity and efforts made to find out the genuineness or
authenticity of the documents so produced; and
(i) Objections relating to admis sibility, genuineness or such other
grounds shall be taken at the earliest. The Law Officer shall obtain
certified copies of all documents produced by the opponents and
secure them in the file.
The production of the documents in the possession of the Gover nment or its
Officers when lawfully required by the Court shall not be resisted except for valid
and sufficient reasons;

24. Witnesses.- (1) The Law Officer shall, in consultation with the Litigation
Conducting Officer and other officers concerned with the case, prepare a list of
witnesses whose evidence, in his opinion, is necessary to substantiate the case of
the Government. The witness list shall be filed in the Court well within the time
fixed by the Court for the purpose.
(2) The Litigation Conducting Officer shall secure the witnesses for
examination before the Court by obtaining process of the Court wherever
necessary. If evidence of an Officer in service is necessary, the Law Officer and the
Litigation Conducting Officer shall request, in writing, the Officer to attend the
Court and a copy of that letter shall be sent to the official superior of such Officer
with a request to permit the officer to attend the Court. The Officer in question and
his official superior shall comply with such request .
25. Examination on commission.- (1) The Law Officer, in consultation with
the Litigation Conducting Officer, shall take steps for issue of commission for local
inspection or for examination of witnesses, wherever it is necessary.
(2) As the case progresses the Law Secretary shall ensure that all necessary
witnesses are examined.
(3) Expenses in this regard shall be borne out of the conti ngencies of the
department concerned as provided in Article 240(b) of the Karnataka Financial
Code.
26. Safeguarding Government interest. - (1) The Law Officer shall exercise
due discretion in safeguarding the interest of the Government in the best manner.
Wherever there is a difference of opinion between the Law Officer and the Litigation
Conducting Officer with regard to the proper course o f action in conducting the
case, the Law Officer shall make a reference to the Law Secretary and take action
according to his instructions.
(2) The Law Officer shall not concede any claim or part thereof against the
Government or enter into any compromise in any proceedings before any Court
without the written authority of a responsible officer in the Law Department or the
Director of Prosecutions and Government Litigation, as the case may be. No such
authority shall be given without consulting the Departmental Secretary concerned.
(a) He shall firmly oppose any proposal for compromise that is
prejudicial to the interest of the Government; and

(b) He shall obtain and maintain copies of all interim and final orders
passed by the Court, get copies thereof ma de with the assistance
of the Litigation Conducting Officer and send a copy thereof to the
Law Department.
27. Certified copies. - (1) The Law Officer shall apply for certified copies of
the judgment and decree or order immediately after pronouncement, wit hout any
loss of time. In cases, where the decision has gone against the Government, he
shall examine whether there are valid grounds to take the matter in appeal,
revision or review and forward his report along with the certified copy of the
judgment and decree or order, copies of documents produced in the case and the
depositions of witnesses examined on both sides, to the Law Secretary within three
days of the receipt of the certified copies.
(2) Whenever certified copies of the judgment and decree in a First Appeal
are forwarded as required by sub-section (1) above the Law Officer shall also obtain
and forward certified copies of the judgment and decree of the Trial Court. To avoid
delay in obtaining such copies the Law Officer shall apply and obtain s uch copies
well in advance.
28. Appeallable cases.- (1) On receipt of the certificate copy of the judgment
and decree or order along with the opinion of the Law Officer, the Law Department
shall consider and decide on taking the matter further in appeal, revision or review.
Appeal or other appropriate proceeding shall invariably be filed in all cases where
the judgment has the effect of affecting the title of the Government to any
immovable property.
(2) If it is decided to so agitate the matter in appeal , necessary orders
authorizing filing of the appeal, review or revision shall be issued immediately and
a copy of the order shall be sent to the concerned Law Officer and the Litigation
Conducting Officer along with a note indicating the grounds available for appeal
etc., and supporting case law. Copies of the communication shall also be sent to
the Head of the Department and the Departmental Secretary.
(3) The procedure indicated in this sub-section shall mutatis mutandis apply
to preferring second appeals.
(4) If the Officer of the Legal Cell concerned decides that the matter need not
be pursued in appeal review or revision against the orders of the Karnataka
Administrative Tribunal or Central Administrative Tribunal or against any decision

of the High Cou rt, the Legal Cell shall refer the matter to the Law Secretary for
taking the final decision.

All monies required by the Litigation Conducting Officer towards expenses
for the purposes specified in these rules shall be incurred as provided in Article
240(b) of the Karnataka Financial Code.
1[CHAPTER-IV-A
COMPLIANCE OF COURT ORDERS
28-A. Designated Officer. - The Government shall by notification
appoint an officer as designated officer, who shall supervise the enforcement
or compliance of any order issued by the Court of law.

28-B. Non-Compliance of Court Order. - (1) Every Department with
the assistance of the designated officer shall prepare a fortnightly report
containing number of o rders which are not complied within specified period
and those orders which are complied with within such period.
(2) For non-compliance of the orders, the reasons shall be assigned in
respect of each case to be placed before the head of the Department for
further processing towards the compliance.]1
1. Inserted by Act 68 of 2025 w.e.f. ……………

CHAPTER V
APPEAL REVIEW AND REVISION

29. Appeal by the Government. - (1) Where orders are issued authorizing
filing of appeal, review or revision, the Litigation Conducting Officer shall approach
the concerned Law Officer and give him necessary instruction to prepare the
memorandum of appeal, review or revision and to pres ent the same before the
concerned Court well within the period of limitation.
(2) The Law Officer shall examine and take all relevant and available pleas in
the memorandum and to present it before the Court in due time. Copy of the
memorandum filed into the Court, shall be sent to the Law Secretary, who shall
examine and satisfy him self that all relevant available pleas have been taken. In

case there is any omission or infirmity, the Law Officer shall be directed to file
additional grounds of appeal to court. The Law Officer shall also inform the number
and particulars of the appeal, review or revision filed to the Law Department.
(3) Wherever an appeal, review or revision is filed it shall be the duty of the
Litigation Conducting Officer and the Law Officer to move the Appellate Court
immediately with appropriate Interlocutory Appli cations for an order of stay of the
order of Lower Court's or other appropriate relief. Such application shall, be filed
without waiting for specific orders of the Law Department.
(4) In cases where there is delay in preferring the appeal Memorandum of
Appeal shall be presented to the Court along with Application seeking to condone
the delay supported by proper affidavit explaining the reasons for the delay, sworn
to by a competent Officer.
(5) Where there is delay in preferring the appeal, review or revi sion, the
officer responsible for such delay, the Law Secretary shall communicate about the
lapse to the Departmental Secretary for taking suitable action.
30. Appeals against the Government. - (1) Where an appeal, review or
revision is instituted against the State Government and notice thereof is served on
any officer he shall take such action as is indicated in section 29 and the
provisions thereof shall mutatis mutandis apply to such proceedings.
(2) The Law Officer shall, in all such cases apply for c ertified copies of the
Trial Judgment and Decree as also the Order in First Appeal for purpose of filing
the second appeal.
(3) The Law Officer shall consider whether there is necessity of preferring
cross-objections in an appeal and if it is decided to p refer cross-objections the Law
Officer may prepare the draft of it in consultation with the Litigation Conducting
Officer and file it into Court after taking approval of the Law Secretary, well within
the limitation period. If there is no sufficient time t o take the approval of the Law
Secretary he may file the cross objection and take ratification.
31. General.- (1) Provisions of Chapter IV regarding conduct of cases shall
mutatis mutandis apply to proceedings in appeals, reviews and revisions.
(2) As so on as proceedings in a case are concluded, the Law Officer shall
communicate the result of the proceedings to the Litigation Conducting Officer and
the Head of the Legal Cell and the Departmental Secretary. As soon as copy of the
order in appeal or as the case may be, review or revision is received, the Law Officer

shall forward it to the Law Secretary along with his opinion about the feasibility of
pursuing the case further. The Law Secretary shall examine the matter and forward
his report of the case to the Departmental Secretary.

CHAPTER VI
WRIT PETITIONS FILED AGAINST THE GOVERNMENT

32. Writ Petitions filed against the Government. - (1) Writ petitions are
normally instituted against the state as represented by the Chief Secretary or the
Departmental Secretary, the Deputy Commissioner of the concerned district or any
officer connected with the subject matter of the claim, in his official capacity.
(2) Where the Court notice is addressed to the Chief Secretary it shall be
received by the Head of the L egal Cell of the Department of Personnel and
Administrative Reforms and forwarded to the Departmental Secretary.
(3) In other cases the notice shall be received by the officer named in the
petition. Where the notice is served or a subordinate officer, he s hall immediately
forward the notice along with five sets of the copies of the writ petition and the
annexure to the Departmental Secretary.
(4) Where such notice is served on the Departmental Secretary or is received
by him from the Solicitor in the Law D epartment or is sent by the subordinate
officer under sub section (3) the Departmental Secretary shall thereupon
immediately forward the same along with five copies of the writ petition and its
enclosures to the Law Secretary indicating the names of officers who.-
(i) is conversant with the facts of the case;
(ii) shall be the Litigation Conducting Officer in the case; and
(iii) shall verify and sign the pleadings.
33. Taking notice upon direction. - Where the High Court directs a
Government Pleader or Advocate to take notice of any writ petition, such pleader or
advocate shall obtain copy of the writ petition and the enclosures if any meant for
service on the respondents from the Court and forward t hem along with his
covering letter to the Law Department and shall mark a copy of the covering letter
to the Departmental Secretary.
34. Procedure after notice.- (1) On receipt of the copies of the writ petition
and documents the Departmental Secretary sh all see whether any interim relief is

claimed against the Government and whether it is necessary to put in appearance
immediately on behalf of the Government. Where he considers it necessary to
oppose the petition, he shall forthwith issue necessary order authorising a Law
Officer to appear and defend the interests of the State and its officers if any, and
also to oppose grant of any interim relief prejudicial to the interests of the State or
of any officer of the Government.
(2) The Authorisation shall a lso give the names of the Litigation Conducting
Officer and the officer who shall verify and sign the pleadings. A copy of the
Authorisation shall also be sent to the Departmental Secretary.
(3) In case an interim order is already passed in the case agai nst the
Government the Law officer shall take appropriate steps immediately for vacati

Excerpt shown. Open the full act in Lexace.

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