Section 83 of The Code of Civil Procedure, 1908
When aliens may sue.
1Alien 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.
Summary
- Alien friends, who are citizens of countries not at war with India, can sue in Indian courts like citizens.
- Alien enemies living in India need permission from the Central Government to sue.
- Alien enemies living outside India are generally banned from suing in Indian courts.
- If you live and do business in a country at war with India without a license, you are considered an alien enemy.
Practical examples
FAQ
1. Can a foreigner sue in India under Section 83 of The Code of Civil Procedure, 1908?
Yes, Section 83 of The Code of Civil Procedure, 1908, allows alien friends to sue as if they were Indian citizens.
2. Who is an alien enemy according to Section 83 of the Civil Procedure Code?
Under Section 83 of the Civil Procedure Code, an alien enemy includes someone living in a country at war with India who does business there without a license.
3. Can an alien enemy living in India sue under Section 83 of the 1908 Code?
Under Section 83 of the 1908 Code, an alien enemy in India can only sue if they have permission from the Central Government.
Test yourself
1.Under Section 83 of The Code of Civil Procedure, 1908, which group can sue without special permission?