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The Code of Civil Procedure, 1908: page 63

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 63, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                           [Suits by Aliens and by or against Foreign Rulers, Ambassadors And Envoys]
     83. When aliens may sue.—Alien enemies residing in India with the permission of the Central
Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were
citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country,
shall not sue in any such Court.
    Explanation.—Every person residing in a foreign country, the Government of which is at war with India
and carrying on business in that country without a licence in that behalf granted by the Central Government,
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
     84. When foreign States may sue.—A foreign State may sue in any competent Court:
   Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in
any officer of such State in his public capacity.
    85. Persons specially appointed by Government to prosecute or defend on behalf of foreign
Rulers.—(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of
any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order,
appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed
shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code
may be made or done on behalf of such Ruler.
    (2) An appointment under this section may be made for the purpose of a specified suit or of several
                                                                                   e
specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or
defend on behalf of such Ruler.                                            od
   (3) A person appointed under this section may authorise or appoint any other persons to make
                                                                     aC
appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
                                                              di
    86. Suits against foreign Rulers, Ambassadors and Envoys.—(1) No. 2*** foreign State may be
sued in any Court otherwise competent to try the suit except with the consent of the Central Government
certified in writing by a Secretary to that Government:  In
     Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid
3
 [a foreign State] from whom he holds or claims to hold the property.
    (2) Such consent may be given with respect to a specified suit or to several specified suits or with
respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of
suits, the Court in which 4[the foreign State] may be sued, but it shall not be given, unless it appears to the
Central Government that 4[the foreign State]—
     (a) has instituted a suit in the Court against the person desiring to sue 5[it], or

     (b) by 6[itself] or another, trades within the local limits of the jurisdiction of the Court, or

    (c) is in possession of immovable property situate within those limits and is to be sued with reference to
such property or for money charged thereon, or
    (d) has expressly or impliedly waived the privilege accorded to 5[it] by this section.
     7[(3) Except with the consent of the Central Government, certified in writing by a Secretary to that

Government, no decree shall be executed against the property of any foreign State.]
    (4) The preceding provisions of this section shall apply in relation to—
         8[(a) any ruler of a foreign State;]




1. Subs. by Act 2 of 1951, s. 12, for the former heading and sections 83 to 87 (w.e.f. 1-4-1951).
2. The words “Ruler of a” omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid., for “a Ruler” (w.e.f. 1-2-1977).
4. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977).
5. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977).
6. Subs. by 29, ibid., for “himself” (w.e.f. 1-2-1977).
7. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977).
8. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).


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