AIR 1960 CALCUTTA 768

Calcutta High Court

Hon'ble Judge(s): A. N. Ray , J

(A) Civil P.C. (5 of 1908) , S.83, S.84, S.85, S.86, S.87A— Suit against foreign state as distinguished from ruler of that State - Consent of Central Government u/S.86 not necessary. A suit by a citizen of India against the United Arab Republic which is recognised as a foreign State by the Government of India is not incompetent merely because the consent of the Central Government has not been obtained under S. 86 Civil P. C. Sections 83 to 87A of the Code deal only with suits by or against rulers of foreign states and these @page-Cal769 sections do not contemplate any consent being required as a condition precedent to the institution of any suit against a foreign state. It is true that S. 87 of the Code states that the ruler of a foreign state may sue and shall be sued in the name of a state but S. 87A defines foreign state and ruler separately. But a suit against a foreign state does not become necessarily a suit against the ruler of that state.(Para 12) The words "foreign state" and "Ruler" in these sections are not synonymous. Apart from the definition of "Foreign State" and "Ruler" these sections indicate that it is only where the Ruler intends to sue or the Ruler has to be sued that the Central Government takes certain steps. To illustrate, the Central Government appoints a person to prosecute....