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Section 84: When foreign States may sue

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 83 All 158 Sections of Code of Civil Procedure Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 permits foreign States to sue in any competent Indian court for the purpose of enforcing a private right vested in the head of such State or in any officer of such State in his public capacity.

  • Foreign State Right to 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 head of such State or in any officer of such State in his public capacity.
  • Private Right Enforcement: Confined strictly to enforcing private commercial, contractual, or property rights; political or sovereign disputes between sovereign states cannot be agitated in domestic civil courts.
  • Comity of Nations Nexus: Harmonizes domestic civil procedure with public international law and state immunity doctrines.
Key Landmark Precedents:
  • Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: The Supreme Court held that Section 84 allows foreign sovereign entities to enforce private commercial rights in Indian courts on the basis of international comity.
  • Mirza Ali Akbar Kashani v. United Arab Republic, AIR 1966 SC 230: The Constitution Bench settled the contours of Section 84, affirming that domestic courts can adjudicate private civil claims asserted by foreign states.
Courtroom Practice & Strategic Litigation Guidance:

Foreign state-owned airlines or commercial enterprises can institute civil suits in India under Section 84 to enforce commercial debts, provided the claim concerns private contractual rights.

Section 83 All 158 Sections of Code of Civil Procedure Section 85