Section 83 in The Code of Civil Procedure
Title: When aliens may sue
1Alien 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.
1. Subs. by Act 2 of 1951, s. 12, for the former heading and sub section. 83 to 87 (w.e.f. 1-4-1951)
Title: 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.
Title: 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 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.
Title: 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 4 [it] by this section.
6[(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
7[(a) any ruler of a foreign State;]
8[(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 9 [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.]
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 s. 29, ibid., for "himself" (w.e.f. 1-2-1977).
6. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977).
7. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
8. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
9. Subs. by, s. 29, bid for "or retinue of the Ruler, Ambassador" (w.e.f. 1-2-1977).
10. Subs. by s. 29, bid, for "as they apply in relation to the Ruler of a foreign State "(w.e.f. 1-2-1977).
11. Ins. by s. 29, bid, (w.e.f. 1-2-1977).
Title: 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.