Code of Civil Procedure, 1908 | Section 83

Section 83 CPC - When Aliens May Sue in India

Section 83 of the Code of Civil Procedure, 1908 determines when foreign nationals, described in the statute as "alien friends" and "alien enemies," may bring civil suits before Indian courts.

Section 83 CPC: Statutory provision

Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such Court.

Explanation. Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

Meaning and scope of Section 83 CPC

The section addresses the capacity of certain non-citizens to institute civil proceedings. It does not itself confer jurisdiction on a court. The words "otherwise competent to try the suit" mean that the ordinary rules governing jurisdiction, limitation, pleadings and other procedural requirements must still be satisfied.

Who is an alien friend?

In this statutory context, an alien friend is a foreign national who is not treated as an alien enemy. Section 83 permits an alien friend to sue in a competent Indian civil court on the same footing as an Indian citizen for this purpose. Citizenship alone does not disqualify such a plaintiff from bringing a civil claim.

Who is an alien enemy?

The expression concerns a foreign national associated with a country at war with India. The section distinguishes between an alien enemy residing in India with Central Government permission and an alien enemy who lacks that permission or resides abroad. The statutory Explanation also deems certain persons carrying on business in an enemy country without a Central Government licence to fall within the prohibited category.

Who may file a civil suit under Section 83?

  • Alien friends: may sue in a court that otherwise has jurisdiction.
  • Alien enemies residing in India with Central Government permission: may sue in a competent court.
  • Alien enemies residing in India without that permission: may not institute a suit under this section.
  • Alien enemies residing in a foreign country: may not institute a suit under this section, subject to the statutory terms and applicable law.
  • Persons covered by the Explanation: are deemed alien enemies residing abroad for the purposes of Section 83 where its stated conditions are met.

Practical illustrations

Example 1: A foreign national from a country not at war with India has a contractual dispute arising within the jurisdiction of an Indian civil court. Section 83 does not bar that person from suing merely because the person is not an Indian citizen.

Example 2: A person falling within the statutory category of alien enemy resides in India and has obtained the requisite Central Government permission. Section 83 allows a suit, provided the court is otherwise competent.

Example 3: An alien enemy resides in India without the required permission. Section 83 prevents that person from instituting the civil suit contemplated by the provision.

Section 84 CPC deals separately with suits by foreign States. Section 85 CPC concerns persons specially appointed by the Government to prosecute or defend on behalf of foreign rulers. These provisions address different legal questions and should not be confused with an individual foreign national's capacity to sue under Section 83.

For the official consolidated legislation and amendments, consult the India Code legislative database and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). Applicable amendments and procedural rules should be checked for the relevant jurisdiction.

Frequently asked questions

Can a foreign citizen file a civil suit in India?

Yes. Section 83 permits alien friends to sue in Indian civil courts, subject to ordinary jurisdictional and procedural requirements.

Does Section 83 give every foreign national an unconditional right to sue?

No. The section imposes restrictions on alien enemies and does not dispense with jurisdiction, limitation or other applicable laws.

Is Central Government permission necessary for every foreign plaintiff?

No. The express permission requirement in Section 83 applies to alien enemies residing in India, not generally to alien friends.

Legal note: This article explains the general statutory framework. The legal classification of a person, any applicable government permission or licence, and the jurisdiction of the court require assessment on the facts and current law.

Reference: Code of Civil Procedure, 1908, Section 83.