Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXVII, Rr. 2 & 3, O. X, Rr. 1, 2 & 3 & S.79---Azad Jammu and Kashmir Law Department Manual (1984), S.28---Suit against Government---Requirements---Disposal of case without framing of issues and recording of evidence---Scope---Plaintiff filed suit against Forest Department for compensation for fortified trees which was decreed by the Trial Court after recording statement and without framing of issues and recording of evidence---Validity---Plaintiff filed suit against Chief Conservator of Forest and other Officers in their personal capacity whereas they were performing as agents and subordinates functionary of the Government--- Defendants were liable to be sued in their official capacity---Trial Court had not adopted procedure provided for institution of suit against the Government and its Officers---Provisions of S.79 and O.XXVII, R.3, C.P.C. had been violated by the Trial Court---Person authorized by the Government could make statement on behalf of the same---In the present case, no application was made by Divisional Forest Officer in terms of O.XXVII R.3, C.P.C. for making statement as agent of the Government---Statement of Divisional Forest Officer was unauthorized because he was only one of the defendants and was not authorized to make statement on behalf of Government---Court should ascertain from each party or his pleader at the first hearing of the suit whether he would admit or deny allegations of fact as were made in the plaint or written statement which were not expressly or impliedly admitted or denied by the party against whom they were made---Trial Court should record such admission and denial---Such procedure to be adopted by the court was only for the purpose of clarifying the pleadings of the parties---Procedure laid down for trial of the suit could not be dispensed with---Award of decree merely on the summary statement of Divisional Forest Officer was without jurisdictional competence---Trial Court had not taken into consideration that damages claimed and ownership of property was a question of fact which could not be proved without regular trial---Trial Court had not followed the procedure…

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