Section 86 in The Code of Civil Procedure

Title: Suits against foreign Rulers Ambassadors and Envoys

Description: (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

Description: 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.

Title: Definitions of foreign State and Ruler

Description: (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 recognized 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 recognized by the Central Government; (b) that a person has or has not been recognized by the Central Government to be the head of a State.

Title: Application of sections 85 and 86 to Rulers of former Indian States

Description: 1[(I) 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; 2 *** 3[(b) "Commencement of the Constitution" means the 26th day of January, 1950; and (c) "Ruler", in relation to a former Indian State, has the same meaning as in article 363 of the Constitution.] 1. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972). 2. The word "and" omitted by Act 54 of 1972, s. 3 (w.e.f. 9-9-1972).. 3. Subs. by s. 3, ibid., for clause (b) (w.e.f. 9-9-1972).

Title: Where interpleader suit may be instituted

Description: Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself : Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted