Suits by or against Aliens, Foreign Rulers & Ambassadors (ss.85–87) — CPC & Limitation Act Notes

Suits by or against Aliens, Foreign Rulers & Ambassadors (ss.85–87)

A citizen wants to sue a foreign country’s shipping company over a broken contract. Can he simply file a plaint? Not straight away — because suing a foreign State is a matter of international courtesy, and the Central Government must first consent.

Who these rules protect and how

The idea rests on sovereign immunity [a sovereign State cannot be sued in the courts of another State without its consent]. The Code softens this by allowing suits with permission.

What — special rules on suing (or being sued by) aliens, foreign States, their Rulers, ambassadors and envoys (ss.83–87A).
Why — to respect the independence of foreign sovereigns while still giving Indian citizens a lawful route to sue them.
Who — under s.83, alien friends may sue in Indian courts as if they were citizens; an alien enemy residing in India with the Central Government’s permission (or residing in a foreign country with such permission) may also sue, but an alien enemy residing in India without permission, or residing in enemy territory, cannot sue at all. Foreign States/Rulers and ambassadors get immunity that can be waived by consent.
When/How — a foreign State may be sued only with the written consent of the Central Government (s.86); consent is required for such things as a trading contract, immovable property in India, or where the foreign State itself has sued.

Section 86(1) CPC: “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.”

In Simple Terms: You cannot drag a foreign country into an Indian court on your own. First get the Central Government’s written permission. Ambassadors and Rulers enjoy the same protection.

flowchart TD
    ROOT["Suing a foreign State / Ruler / envoy"]:::root
    ROOT --> A["s.83 — alien friend sues freely; alien enemy needs permission"]:::leaf
    ROOT --> B["s.86 — foreign State sued only with Central Govt written consent"]:::leaf
    ROOT --> C["s.87 — how a Ruler is named"]:::leaf
    ROOT --> D["s.87A/87B — envoys & Rulers' immunity"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Veb Deutfracht Seereederei Rostock v New Central Jute Mills (1994) — consent of the Central Government under s.86 is a condition precedent to suing a foreign State.
Mirza Ali Akbar Kashani v United Arab Republic (1966) — s.86 modifies the absolute doctrine of sovereign immunity; a foreign State can be sued with consent.

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