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INTRODUCTION

It is frequently observed that the technique set forth for all suits is the same and uniform. But there are some cases that have unique circumstantial arrangements and need a certain course of action. These fulfil the protocol requirement set forth for special suits. This procedure is covered by the provisions of Sections 79 to 93 and Orders XXVII to XXXVII of the Code of Civil Procedure.

SPECIAL SUITS

SUIT BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Lawsuits brought by or against the government or public officials acting in their official capacity are covered by Sections 79–82 of the Code. In accordance with Section 79 of the Code, the government is referred to as the defendant in any lawsuits brought against it, and similarly, the government is referred to as the plaintiff in any lawsuits brought against it. It is important to keep in mind that the Union of India will serve as the plaintiff or defendant in any such lawsuit, whether it is brought by or against the Central Government. And the party to the suit will be referred to as the State if any such lawsuit concerns the State Government.

In the case of State of Rajasthan v. Vidhyawati, the Honorable Supreme Court stated that if any wrongdoing is carried out by government officials while they are on the job, then the government will be held accountable for the actions carried out by its employees. However, these actions cannot involve the government's suzerainty. The court noted in Bhagchand Dagadusa v. The Secretary of State for India that Order 27 and Sections 79–82 of the Code set forth the procedure for handling claims brought by or against the government. However, these clauses do not apply to those rights and obligations that can be enforced either by or against the government.

SUIT BY ALIENS

The cases in which aliens may file a lawsuit are covered in this section.  According to Section 83 of the CPC, both alien friends and alien enemies who reside in India may file a lawsuit as if they were Indian citizens after obtaining approval from the Central Government. Any court that has the authority to hear a citizen's case may receive a lawsuit from alien opponents. It is important to remember that foreign nationals who live in India without the Central Government's consent or who reside abroad are not permitted to file legal claims in any Indian court. Additionally, Section 84 of the statute enables the foreign state to file a lawsuit against an ineligible court. According to Section 85 of the Code, the government must designate specific individuals to handle either the prosecution or defense of foreign rulers.  In this context, the Central Government is the preferred definition of "government." These chosen individuals will be regarded as the official representatives of the foreign rulers. 

INTERPLEADER SUITS

Interpleader suits are permitted under Section 88 of the CPC of 1908. To interpleader means to litigate with one another to resolve a dispute involving a third party. Under Order 35 of the CPC, 1908, the process for instituting an Interpleader Suit is described. A lawsuit known as an interpleader litigation is one in which the defendants themselves, who interplead against one another, are in conflict rather than the plaintiff and the defendant. A conflict between a plaintiff and a defendant is present in an original suit, whereas a dispute amongst defendants is present in an interpleader litigation. In these types of lawsuits, the plaintiff pays the least attention to understanding the nature of the lawsuit. However, the plaintiff in such a suit must be in a position of impartiality/ non-arbitrariness.

An interpleader lawsuit is brought in order to have the claims of competing defendants adjudicated. In Groundnut Extractions Export Development Association v. State Bank of India, the plaintiff "understood the interpleader litigation as a process wherein the plaintiff calls upon the opposing claimants to appear before the court and get their individual claims decided. In the case of an interpleader suit, the court's ruling provides the plaintiff with indemnity upon payment of money or handover of property to the party whose claim has been upheld.

Conditions for Filing an Interpleader Action The following prerequisites must be met in order to bring an interpleader action:

1. There must be a debt, money sum, or other movable or immovable property in question; 

2. Two or more people must be making competing claims.

3. The person making the claim on the debt, money, or property cannot have any other interest in it than the fees and costs, and he or she must be willing to pay or deliver it to the legitimate claimant. 

4. There cannot be a lawsuit ongoing in which the rights of the competing claimants can be fairly resolved.

CONCLUSION

Each unique circumstance lists its unique imperative characteristics. The plaintiff must keep in mind that, in accordance with Section 79 of the code, he must first serve notices on the government and any public officials before filing a lawsuit against them. Under civil litigation, Section 89 of the code discusses alternative dispute resolution. By utilizing this option, the disputing parties can quickly come to a resolution. In addition to saving the parties money and time during the legal process, this will also free up valuable court time. The intriguing aspect of this unique type of lawsuit is that neither the parties nor the plaintiff approach the court or present a plaint. There have also been discussions about lawsuits involving public nuisances and other wrongdoings that damage the public. Because they pertain to the general public, these particular suites play an important function. The general population is affected by the judgements rendered in these lawsuits. Because of their importance, all matters like these that fall under the jurisdiction of special suits are specified in considerable detail in the Code.

BIBLIOGRAPHY

https://bnwjournal.com/wp-content/uploads/2020/03/CPC-m4.pdf

https://blog.ipleaders.in/understanding-purview-special-suits/

https://lawtimesjournal.in/4021-2/

https://www.juscorpus.com/special-suits-under-the-cpc-and-its-relevancy/

https://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html