Section 83: When aliens may sue

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 83

Section 83 regulates suits by alien friends and alien enemies, establishing that alien friends may sue as if they were citizens of India, while alien enemies residing in India can sue only with the permission of the Central Government.

  • Alien Friends' Full Right to Sue: Alien friends may sue in any court otherwise competent to try the suit, in their own name, as if they were citizens of India.
  • Alien Enemies Residing with License: Alien enemies residing in India with the permission of the Central Government, and not being in custody, may sue in such courts.
  • Absolute Bar on Alien Enemies Without License: No alien enemy residing in India without such permission, or residing in a foreign country, shall sue in any of such courts.
  • War and Sovereignty Safeguard: Freezes judicial standing of citizens of countries at war with India.
Key Landmark Precedents:
  • Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: The Supreme Court examined foreign sovereign and corporate standing under Section 83, holding that foreign corporations of friendly nations have full standing to institute civil suits in India.
  • State of Bombay v. F.N. Balsara, AIR 1951 SC 318: Referenced statutory distinctions governing aliens in Indian law.
Courtroom Practice & Strategic Litigation Guidance:

Foreign companies incorporated in friendly nations can sue Indian debtors in civil court under Section 83 as alien friends without requiring special central licenses.