Section 84 of The Code of Civil Procedure, 1908
When foreign States 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.
Summary
- This section allows a foreign country to file a lawsuit in any Indian court that has the power to hear the case.
- The lawsuit must be intended to protect or enforce a private right.
- This right can belong to the leader of that country or one of its officials acting in an official role.
FAQ
1. Can a foreign country sue someone in an Indian court under The Code of Civil Procedure, 1908?
Yes, Section 84 of the 1908 Code states that a foreign State may sue in any competent court in India to enforce specific private rights.
2. What kind of rights can a foreign State enforce under Section 84?
According to Section 84 of the Code of Civil Procedure, the suit must be to enforce a private right vested in the Ruler of that State or a public officer.
3. Does a foreign State need special permission to sue under Section 84?
No, Section 84 does not mention a requirement for permission, provided the suit is filed in a competent court and meets the criteria regarding private rights.
Test yourself
1.Under Section 84 of The Code of Civil Procedure, 1908, what is a requirement for a foreign State to file a suit?
2.According to Section 84 of the civil law, where can a foreign State bring its lawsuit?
3.In Section 84 of the procedural rules, a foreign State can sue through which of these individuals?
4.If a foreign State wants to sue to enforce a public treaty rather than a private right, would Section 84 of the 1908 Code apply?