Sections 83 and 84 CPC: When Aliens and Foreign States May Sue

Sections 83 and 84 of the Code of Civil Procedure, 1908 govern the capacity of certain non-citizens and foreign States to institute civil suits in India. Section 83 distinguishes between alien friends and alien enemies, while Section 84 permits a foreign State to sue in a competent Court for enforcement of the private right specified in the section.

Current central law: Sections 83 and 84 continue to form part of the Code of Civil Procedure, 1908. Section 83 expressly distinguishes between alien friends and alien enemies and also contains a deeming Explanation for persons carrying on business in a country whose Government is at war with India.

Section 83 CPC - When Aliens May Sue

Alien 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.

Meaning and effect of Section 83

  • An alien friend may sue in a competent Indian Court in the same manner as an Indian citizen, subject to ordinary jurisdictional requirements.
  • An alien enemy residing in India may sue only if the Central Government has permitted that residence for the purpose contemplated by the section.
  • An alien enemy residing in India without such permission cannot sue under Section 83.
  • An alien enemy residing in a foreign country also cannot sue in such Court.
  • The Explanation deems certain persons carrying on business in a country at war with India, without a Central Government licence, to be alien enemies residing in a foreign country.

Section 84 CPC - When a Foreign State 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.

Meaning and effect of Section 84

  • A foreign State has capacity to institute a suit in a competent Indian Court.
  • The suit must satisfy the statutory proviso.
  • The object of the suit must be enforcement of a private right vested in the Ruler of that State or in an officer of that State acting in a public capacity.
  • Questions involving the status of a foreign State should also be read with the related provisions in Sections 85 to 87A CPC.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.