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Suits Against Foreign Rules, Ambassadors and Envoys Suits Against Foreign Rules, Ambassadors and Envoys

Bronze medal Reporter Adv John Posted 6 Dec 2018 Post Comment Visitors: 168 Read More News and Blogs
Suits Against Foreign Rules, Ambassadors and Envoys

In summary suit, the defendant is not authorized to defend as a matter of right as that of the case with the ordinary suit. It has to obtain the leave of the court for defending. When the court refuses to grant leave to defend, then the suit will be ruled out immediately or the plaintiff needs to entitle for the decree. To obtain a leave the defendant has to state based on affidavit and facts as it makes incumbent for the Plaintiff to prove the consideration. So the summary suit is a faster process for the recovery of money. The summary suit will be filed in the case of specified documents such as the promissory note, etc.

The Suits against Foreign Rules, Ambassadors and Envoys are mentioned in the section 86 Code of Civil Procedure Code. It states that

86.Suits against foreign Rulers, Ambassadors and Envoys.-

(1) No Ruler of a foreign State may be sues in any Court otherwise competent to try the suit except with the 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 Ruler from whom he holds or claims to hold the property.

(2) 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 Ruler may be sued, but it shall not be given, unless it appears to the Central Government that the Ruler-

(a) has instituted a suit in the Court against the person desiring to sue him, or

(b) by himself 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 him by this section.

(3) No Ruler of a foreign State shall be arrested under this Code and, 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 such Ruler.

(4) The preceding provisions of this section shall apply in relation to—

(a) any Ambassador or Envoy of a foreign State;

(b) any High Commissioner of a Commonwealth country; and

(c) any such member of tile state 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, as they apply in relation to the Ruler of a foreign State.

For more details, you can get the help of lawyers in India.


Click on the image to read more about 10 STEPS FOR FILING CIVIL SUITS IN INDIA

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