Skip to main content

Section 86 CPC - Code of Civil Procedure - Suits against foreign Rulers, Ambassadors and Envoys.

 Section 86 CPC Description

(1) No [* * * *]1 foreign State may be sued in any Court otherwise competent to try the suit except with 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 to 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) 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 proceeding 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].


7[(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 sub-section (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 No. 104 of 1976, sec. 29 (w.e.f. 1-2-1977).


2. Subs, by Act No. 104 of 1976, sec. 29, for "a Ruler" (w.e.f. 1-2-1977).


3. S ubs. by Act No. 104 of 1976, sec. 29, for "the Ruler" (w.e.f. 1 -2-1977).


4. Subs, by Act No. 104 of 1976, sec. 29, for "him" (w.e.f. 1-2-1977).


5. Subs, by Act No. 104 of 1976, sec. 29, for "himself (w.e.f. 1- 2-1977).


6. Subs, by Act No. 104 of 1976, sec. 29, for sub-section (3) (w.e.f. 1-2-1977).


7. Ins. by Act No. 104 of 1976, sec. 29 (w.e.f. 1-2-1977).


8. Cl. (a) re-lettered as cl. (aa) by Act No. 104 of 1976, sec. 29, (w.e.f. 1-2-1977).


9. Subs, by Act No. 104 of 1976, sec. 29, for "or retinue of the Ruler, Ambassador" (w.e.f. 1-2-1977).


10. Subs, by Act No. 104 of 1976, sec. 29, for "as they apply in relation to the Ruler of a foreign State" (w.e.f. 1-2-1977).

Comments

  1. Usually I never comment on blogs but your article is so convincing that I never stop myself to say something about it. You’re doing a great job. Please Keep it up.Property Valuation Dubai

    ReplyDelete
  2. Thanks for your post. It's very helpful post for us. You can also visit Property Valuation Dubai for more Victor Steel related information. I would like to thanks for sharing this article here.

    ReplyDelete
  3. You have worked nicely with your insights that makes our work easy. The information you have provided is really factual and significant for us. Keep sharing these types of article, Thank you. Mens Suits Online Shopping

    ReplyDelete
  4. I read your blog in which you shared your best knowledge and great information about online property value calculator . I really need this information. thank you so much for this knowledge. Keep sharing.

    ReplyDelete
  5. I generally check this kind of article and I found your article which is related to my interest. Genuinely it is good and instructive information,anarkali suit Thankful to you for sharing an article like this.

    ReplyDelete

Post a Comment

Popular posts from this blog

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct