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Section 85: Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 84 All 158 Sections of Code of Civil Procedure Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 empowers the Central Government to specially appoint persons to prosecute or defend suits on behalf of foreign Rulers or heads of foreign States.

  • Central Appointment of Agents: The Central Government may, at the request of the Ruler of any foreign State, or at the request of any person competent to act on behalf of such Ruler, by order appoint any person to prosecute or defend any suit on behalf of such Ruler.
  • Recognized Agents Deeming: Persons so appointed shall be deemed to be the recognized agents by whom appearances, acts, and applications under the Code may be made.
  • Sovereign Protocol Protection: Exempts foreign Rulers from personal appearance or executing standard local powers of attorney.
Key Landmark Precedents:
  • Mirza Ali Akbar Kashani v. United Arab Republic, AIR 1966 SC 230: The Supreme Court reviewed statutory representation of foreign sovereign heads under Section 85.
  • Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: Affirmed that recognized agents appointed under Section 85 possess full standing to prosecute civil litigation.
Courtroom Practice & Strategic Litigation Guidance:

In litigation involving foreign sovereign property in India, verify whether the representative holds a formal Central Government authorization under Section 85.

Section 84 All 158 Sections of Code of Civil Procedure Section 86