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The Code of Civil Procedure, 1908: page 64

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 64, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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           1[(aa)] any Ambassador or Envoy of a foreign State;


           (b) any High Commissioner of a Commonwealth country; and
        (c) any such member of the staff 2[of the foreign State or the staff or retinue of the Ambassador] or
      Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central
      Government may, by general or special order, specify in this behalf,
      3
         [as they apply in relation to a foreign State].
     4
      [(5) The following persons shall not be arrested under this Code, namely: —
           (a) any Ruler of a foreign State;
           (b) any Ambassador or Envoy of a foreign State;
           (c) any High Commissioner of a Commonwealth country;
       (d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador
or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central
Government may, by general or special order, specify in this behalf.
     (6) Where a request is made to the Central Government for the grant of any consent referred to in
sub-section (1), the Central Government shall, before refusing to accede to the request in whole or in part, give
                                                                                      e
to the person making the request a reasonable opportunity of being heard.]
                                                                              od
     87. Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued,
in the name of his State:                                              aC
    Provided that in giving the consent referred to in section 86, the Central Government may direct that the
Ruler may be sued in the name of an agent or in any other name.
                                                                 di
                                                           In
     87A. Definitions of “Foreign State” and “Rulers”.— (1) In this Part,—
        (a) “foreign State” means any State outside India which has been recognised by the Central
     Government; and
         (b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognised by
     the Central Government to be the head of that State.
     (2) Every Court shall take judicial notice of the fact—
           (a) that a State has or has not been recognised by the Central Government;
           (b) that a person has or has not been recognised by the Central Government to be the head of a State.
                                               Suits against Rulers of former Indian States
     87B. Applications of sections 85 and 86 to Rulers of former Indian States.—5[(1) In the case of any
suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action
which arose before the commencement of the Constitution or any proceeding arising out of such suit, the
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they
apply in relation to the Ruler of a foreign State.]

         (2) In this section—
         (a) “former Indian State” means any such Indian State as the Central Government may, by
     notification in the Official Gazette, specify for the purposes of this section; 6***

1. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
2. Subs. by s. 29, ibid, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid, for “as they apply in relation to the Ruler of a foreign State” (w.e.f. 1-2-1977).
4. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
5. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972).
6. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972).


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