Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XVII, R.3---Word "forthwith" as used in OXVII, R.3, C.P.C.--- Connotation---"Forthwith" may not mean the same day for the decision of the case but requires a Court to observe a reasonable time after taking action under OXVII, R.3, C.P.C. in deciding the case. (b) Thal Development Authority Act (XV of 1949)--- ----S. 74-A---Civil Procedure Code (V of 1908), S.151---Allotment of State land---Administration of justice---Inherent jurisdiction of Court---Contention was that lower formation of the agencies in connivance with the allottees caused loss to the Government in the matter of State properties and Courts had to take into consideration such factor while dealing with Government matters involving properties---High Court in view of the contention suggested curative actions in that regard. On account of rampant corruption at the level of the lower formation, the State's interest is scarified. Invariably, collusive suits are filed which are not properly contested. This leads to decrees which provide legal basis for justifying the holding of Government property. The Government lost this case on account of its own default. This is now frequent phenomea in cases involving Government property. Cases are lost because of a motive, vested interest, and mala fides whether resting with the Department or the lawyers who are entrusted briefs of such Government matters. There is, thus, urgent need for a curative action and a strict watch over Government litigation. The Provincial Law Department appoints legal advisers and counsel to the Government Departments and agencies and approves counsel for purposes of Government litigation. The Solicitor Office which works under the Provincial Law Department was created for purposes of watching the Government litigation. The office of the Advocate-General is also meant to protect Government interest in litigation. Besides, there are statutes empowering statutory bodies to appoint their own legal counsel for looking after their litigation. There is, therefore, a need for proper co-ordination inter se these Departments in connection with the Government litigation and in making those…

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