Introduction 

• Cases are classified into two forms of classes for the effective running of the judicial machinery:  
  • General Suits  
  • Special Suits 
• Section 83 to Section 87A of Civil Procedure Code, 1908 (CPC) provides for suits by aliens and by or against foreign rulers, Ambassadors and Envoys.  

When Aliens may Sue 

• Section 83 of CPC provides for when aliens may sue. 
• Which Aliens can sue? 
  • Alien enemies residing in India with the permission of the Central Government. 
  • Alien friends.  
• In what Court Aliens may sue? 
  • The above aliens may sue in the Court otherwise competent to try the suit as if they were citizens of India.  
• What Aliens cannot sue? 
  • Alien enemies residing in India without the permission of Central Government. 
  • Alien residing in foreign country 
• Who is called an alien enemy? 
  • 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 

When Foreign States May Sue 

• Section 84 provides for when foreign States may sue. 
• It provides that a foreign State may sue in any competent Court. 
• Proviso provides that the object of the suit should be to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.  

Suits Against Foreign Rulers 

• Definitions of “Foreign State” and “Rulers” 
  • Section 87A gives definitions of “Foreign State” and “Rulers”. 
  • As per Section 87A (1)(a) provides the definition of “foreign state” as any State outside India which has been recognised by the Central Government; 
  • As per Section 87 A (1) (b) definition of “Ruler” in relation to a foreign State would be the person who is for the time being recognized by the Central Government to be the head of that State.  
  • As per Section 87A (2) every Court shall take judicial notice of the fact: 
    • that a State has or has not been recognized by the Central Government; 
    • that a person has or has not been recognized by the Central Government to be the head of a State 
• Style of Foreign Rulers as parties to suit 
  • Section 87 provides that 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. 
• Suits against foreign Rulers, Ambassadors and Envoys 
  • Section 86 (1) provides that no 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 a foreign State from whom he holds or claims to hold the property. 
  • Section 86 (2) provides that 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 the foreign State may be sued, but it shall not be given, unless it appears to the Central Government that the foreign State- 
    • has instituted a suit in the Court against the person desiring to sue  it, or 
    • By itself or another, trades within the local limits of the jurisdiction of the Court, or 
    • 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 
    • has expressly or impliedly waived the privilege accorded to 5 [it] by this section 
  • Section 86 (3) provides that 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. 
  • Section 86 (4) provides that the preceding provisions of this Section shall apply in relation to following persons as they apply in relation to a foreign State.: 
    • any ruler of a foreign State 
    • any Ambassador or Envoy of a foreign State 
    • any High Commissioner of a Commonwealth country 
    • any such member of the staff 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. 
  • Section 86 (5) provides that the following persons shall not be arrested under this Code: 
    • any Ruler of a foreign State;  
    • any Ambassador or Envoy of a foreign State; 
    • any High Commissioner of a Commonwealth country;  
    • 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. 
  • Section 86 (6) provides that 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. 
• Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers 
  • Section 85 (1) provides that  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. 
  • Section 85 (2) provides that 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. 
  • Section 85 (3) provides that a person appointed under this section may authorize 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. 

Case Laws 

• Mirza Ali Akbar Kashani v. United Arab Republic (1966): 
  • The Supreme Court in this case discussed the meaning of the phrase ‘private right’ used in Section 84. 
  • The private right properly so-called of an individual as distinguished from the private right of the State, was never intended to be the subject-matter of a suit by a foreign State under the Code of Civil Procedure at any stage. 
  • In interpreting the words “private rights”, it is necessary to bear in mind the fact that the suit is by a foreign State; and the private rights of the State must, in the context, be distinguished from political rights.  
  • Thus, the private right to which the proviso refers is, on the ultimate analysis, the right vesting in the State; it may vest in the Ruler of a State or in any officer of such State in his public capacity; but it is a right which really and in substance vests in the State.   
• Ethiopian Airlines v. Ganesh Narain Saboo (2011): 
  • The Centre has the power to give consent; however, the decision will be based on the relevant facts of the case and will only be included under the following circumstances: 
    • when there has been a suit brought in the court of law, against the person who wishes to sue it, or 
    •  trades within the local boundaries of the Court’s jurisdiction, either individually or with others, or 
    • is in possession of immovable property located within those limits and is to be sued in relation to such property or for money owed on it, or is in possession of immovable property located within those limits and is to be sued in relation to such assets/property or for money owed on it, or 
    • has waived the right provided by this clause, either directly or indirectly.   
• Harbhajan Singh Dhalla v. Union of India (1987): 
  • The Apex court has stated that the government’s right to withhold permission should be wisely executed, and that the state should usually give consent to sue if a case satisfies the requirements set out in section 86(2). 
  • The right to deny permission must be practiced in compliance with natural justice ideals, and the order denying the approval must specify the grounds for the rejection. 

Conclusion 

The provisions above provide for special provisions with respect to specified cases. These Sections explain the process an institutional machinery for dealing with cases specified above.