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Code of Civil
Procedure Section
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:
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.
Code of Civil
Procedure Section
Code of Civil
Procedure Section
86. Suits against foreign
Rulers, Ambassadors and Envoys.—(I) No. 1***
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:
Provided that a person may,
as a tenant of immovable property, sue without such consent as aforesaid 2[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 3[the foreign State]
may be sued, but it shall not be given, unless it appears to the Central
Government that 3[the foreign State]—
(a) has instituted a suit in
the Court against the person desiring to sue 4[it], or
(b) by 5[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 6[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;]
9[(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 6[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,
10[as
they apply in relation to a foreign State].
11[(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
subsection
(1), the Central Government
shall, before refusing to accede to the request in whole or in part, give to the
person making the request a reasonable opportunity of being heard.]
Note:
1. The words “Ruler of a”
omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
2. Subs. by s. 29, ibid.,
for “a Ruler” (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid.,
for “the Ruler (w.e.f. 1-2-1977).
4. Subs. by s. 29, ibid.,
for “him” (w.e.f. 1-2-1977).
5. Subs. by Act 104 of 1976,
s. 29, for “himself” (w.e.f. 1-2-1977).
6. Subs. by s. 29, ibid.,
for “him” (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).
9. Clause (a) re-lettered as
clause (aa) by s. 29, ibid. (w.e.f. 1-2-1977).
10. Subs. by s. 29, ibid,
for certain words (w.e.f. 1-2-1977).
11. Ins. by s. 29, ibid,
(w.e.f. 1-2-1977).
Code of Civil
Procedure Section
Code of Civil
Procedure Section
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 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.
(3) A person appointed under
this section may authorise or appoint any other persons to make appearances and
applications and do acts in any such suit or suits as if he were himself a
party thereto.
Code of Civil
Procedure Section
Code of Civil
Procedure Section
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.
Code of Civil
Procedure Section
Code of Civil Procedure Section 82. Execution of decree.
Bare Act:
1[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.
Note: 1. Subs. by Act 2 of
1951, s. 12, for the former heading and ss. 83 to 87.
Code of Civil Procedure Section 84. When foreign States may sue.
More reading:
83. When aliens may sue.
84. When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86. Suits against foreign Rulers, Ambassadors and Envoys.
87. Style of foreign Rulers as parties to suits.
87A. Definitions of “foreign State” and “Ruler”.
Code of Civil
Procedure Section
82. Execution of decree.— 1[(1)
Where, in a suit by or against the Government or by or against a public officer
in respect of any act purporting to be done by him in his official capacity, a
decree is passed against the Union of India or a State or, as the case may be,
the public officer, such decree shall not be executed except in accordance with
the provisions of sub-section (2).]
(2) Execution shall not be
issued on any such decree unless it remains unsatisfied for the period of three
months computed from the date of 2[such decree].
3[(3)
The provisions of sub-sections (1) and (2) shall apply in relation to an order
or award as they apply in relation to a decree, if the order or award—
(a) is passed or made
against 4[the Union of India] or a State or a public officer in
respect of any such act as aforesaid, whether by a Court or by any other
authority; and
(b) is capable of being
executed under the provisions of this Code or of any other law for the time being
in force as if it were a decree.]
Note: 1. Subs. by s. 28,
ibid., for sub-section (1) (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976,
s. 28, for “such report” (w.e.f. 1-2-1977).
3. Ins. by Act 32 of 1949,
s. 2.
4. Subs. by the A.O. 1950,
for “the Dominion of India”.
Code of Civil Procedure Section 83. When aliens may sue.
More reading:
Section 79. Suits by or against Government.
Code of Civil
Procedure Section
81. Exemption from arrest
and personal appearance.—In a suit instituted against a public
officer in respect of any act purporting to be done by him in his official
capacity—
(a) the defendant shall not
be liable to arrest nor his property to attachment otherwise than in execution
of a decree, and,
(b) where the Court is
satisfied that the defendant cannot absent himself from his duty without detriment
to the public service, it shall exempt him from appearing in person..
Code of Civil
Procedure Section
