Section 85 CPC: Persons Appointed to Represent Foreign Rulers in Civil Suits

Section 85 CPC - Statutory text

The Code of Civil Procedure, 1908 provides:

(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.

(2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.

(3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

The wording above follows the supplied statutory text. For the authoritative consolidated Act and applicable amendments, consult the India Code portal for the Code of Civil Procedure, 1908.

What does Section 85 CPC mean?

Section 85 creates a specific mechanism for representation of the ruler of a foreign State in civil litigation in India. The Central Government can make an appointment by order after a qualifying request. A person appointed in this manner is treated as a recognized agent for procedural purposes under the CPC.

A recognized agent may undertake appearances, applications and procedural acts within the scope of the appointment. This is a rule about representation; it does not itself establish a cause of action, confer jurisdiction on a court, or eliminate other procedural requirements.

Key legal terms

Foreign State

A State outside India; the meaning and recognition of a foreign State or its ruler for CPC purposes should be considered with Sections 87 and 87A.

Recognized agent

A person permitted to perform specified procedural acts for a party. Order III CPC contains the general framework for recognized agents and pleaders.

Central Government appointment

An appointment made by government order under Section 85, rather than merely by an informal private authorization.

How appointment and delegation work

1. Request: The foreign ruler, or a person whom the Central Government considers competent to act for that ruler, makes a request.
2. Government order: The Central Government may appoint one or more persons to prosecute or defend suits on behalf of the ruler.
3. Scope: Under subsection (2), the appointment may cover one named suit, several named suits, or suits requiring representation from time to time.
4. Further authorization: Under subsection (3), an appointed person may authorize or appoint others to perform appearances, applications and acts in the relevant proceedings.

For example, where a foreign ruler has a civil claim concerning a private right, a representative appointed under Section 85 may conduct procedural steps on the ruler's behalf, subject to the terms of the order and the court's applicable rules.

Representation under Section 85 should not be confused with a general right to sue or with immunity from being sued. These questions are governed by separate provisions.

Related CPC provisions

• Section 84: When a foreign State may sue in a competent Indian court to enforce a qualifying private right.
• Section 86: Suits against foreign rulers, ambassadors and envoys, including the statutory consent requirements and protections.
• Sections 87 and 87A: Style of foreign rulers as parties and definitions concerning foreign States and rulers.
• Order III, Rules 1 and 2: Appearances, applications and acts by parties, recognized agents and pleaders.

Section 85 is therefore part of a broader scheme governing foreign States and their rulers in Indian civil proceedings. Questions about diplomatic immunity, consent and enforcement must be assessed separately under applicable law.

Frequently asked questions

Who can request an appointment under Section 85 CPC?

The ruler of a foreign State, or a person whom the Central Government considers competent to act for that ruler, may request the appointment.

Can one appointment cover multiple cases?

Yes. Subsection (2) allows appointment for one specified suit, several specified suits, or all suits that may need to be prosecuted or defended on behalf of the ruler from time to time.

Can an appointed agent delegate procedural work?

Yes. Subsection (3) permits the appointed person to authorize or appoint other persons to make appearances and applications and perform acts in the relevant suits.

Does Section 85 allow a suit against a foreign ruler without consent?

No. Section 85 deals with representation. The conditions for suits against foreign rulers and certain diplomatic representatives are addressed separately, notably by Section 86 CPC.