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Supreme Court of India
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Civil Law
Bare Acts
The Code of Civil Procedure, 1908
Section 47-98
Section 47
Section 48
Section 49
Section 50
Section 51
Section 52
Section 53
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 68-72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 81
Section 82
Section 83
Section 84
Section 85
Section 86
Section 87
Section 87-A
Section 87-B
Section 88
Section 89
Section 90
Section 91
Section 92
Section 93
Section 94
Section 95
Section 96
Section 97
Section 98
Section 86- Suits against foreign Rulers, Ambassadors and Envoys.

No [* * * *]* 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 **[a foreign State] from whom he holds or claims to hold the property.


*The words "Ruler of a" omitted by Act No. 104 of 1976, sec. 29 (w.e.f. 1-2-2024).

**Subs, by Act No. 104 of 1976, sec. 29, for "a Ruler" (w.e.f. 1-2-2024).
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 *[the foreign State] may be sued, but it shall to be given, unless it appears to the Central Government that *[the foreign State].

(a) has instituted a suit in the Court against the person desiring to sue **[it], or
(b) ***[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 **[it] by this section.

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

**Subs, by Act No. 104 of 1976, sec. 29, for "him" (w.e.f. 1-2-2024).

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

*Subs, by Act No. 104 of 1976, sec. 29, for sub-section (3) (w.e.f. 1-2-2024).
The proceeding provisions of this section shall apply in relation to -

*[(a) any Ruler of a foreign State;]
**[(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 ***[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.

****[as they apply in relation to a foreign State].

*Ins. by Act No. 104 of 1976, sec. 29 (w.e.f. 1-2-2024).

** Cl. (a) re-lettered as cl. (aa) by Act No. 104 of 1976, sec. 29, (w.e.f. 1-2-2024).

***Subs, by Act No. 104 of 1976, sec. 29, for "or retinue of the Ruler, Ambassador" (w.e.f. 1-2-2024).

****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. 1-2-2024).
*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.

*Ins. by Act No. 104 of 1976, sec. 29 (w.e.f. 1-2-2024).
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.
     
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