Section 85 of The Code of Civil Procedure, 1908
Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
- (1)The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.
- (2)An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.
- (3)A person appointed under this section may authorize or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
Summary
- The Indian Central Government can appoint people to represent a foreign leader in a legal case.
- This happens at the request of the foreign Ruler or someone the government thinks is authorized to ask for them.
- These appointed people are treated as "recognized agents," meaning they have the legal authority to appear and act in court for the Ruler.
- The appointment can be for one specific case, several cases, or every case the Ruler might be involved in over time.
- These appointees can also authorize other people to handle court tasks just as the leader themselves could.
FAQ
1. How can a foreign Ruler get someone to represent them in an Indian court under Section 85?
Under Section 85 of the civil rules, the Ruler can request the Central Government to appoint specific people to prosecute or defend suits for them.
2. Can an agent appointed under Section 85 of the civil code hire other people to help?
Yes, Section 85 of The Code of Civil Procedure, 1908, allows an appointed person to authorize others to make appearances and applications in the suit.
3. Is an appointment under Section 85 valid for more than one case?
Yes, Section 85 of the 1908 Code says the appointment can be for a specific suit, several suits, or all suits involving the Ruler.
Test yourself
1.Under Section 85 of The Code of Civil Procedure, 1908, who has the authority to appoint representatives for a foreign Ruler?
2.What is the legal status of a person appointed under Section 85 of the 1908 Act?
3.For what duration can an appointment be made under Section 85 of the civil law?
4.According to Section 85 of the procedural rules, what is the trigger for the Central Government to make an appointment?