MIRZA ALI AKBAR KASHANI versus UNITED ARAB REPUBLIC AND ANR.

MIRZA ALI AKBAR KASHANI versus UNITED ARAB REPUBLIC AND ANR.

Section 86(1) of the Code of Civil Procedure applies to suits against foreign States irrespective of their form of government; the requirement for consent of the Central Government before instituting such a suit is mandatory. Since no such consent was obtained in this case, the suit was statutorily barred and the plaint was properly rejected.

Parties
Appellant: Mirza Ali Akbar Kashani; Respondent No. 1: United Arab Republic; Respondent No. 2: Ministry of Economy, Supplies, Importation Department of the Republic of Egypt at Cairo
Jurisdiction
India
Judgment Date
05 August 1965
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order Dated April 17, 1961 of the Calcutta High Court in Appeal From Original Order No. 115 of 1960
Outcome
Appeal dismissed
Legal Topics
Suits Against Foreign States, Sovereign Immunity, Consent of Central Government, Code of Civil Procedure Section 86, Distinction Between Ruler and State
Civil Procedure International Law Suits Against Foreign States Sovereign Immunity Consent of Central Government Code of Civil Procedure Section 86 Distinction Between Ruler and State

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Parties

Mirza Ali Akbar Kashani

Appellant

United Arab Republic

Respondent No. 1

Ministry of Economy, Supplies, Importation Department of the Republic of Egypt at Cairo

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order Dated April 17, 1961 of the Calcutta High Court in Appeal From Original Order No. 115 of 1960

Legal Issues

  1. 1 Whether consent of the Central Government under Section 86(1) of the Code of Civil Procedure is required to sue a foreign State.
  2. 2 Whether 'Ruler of a foreign State' is distinguishable from 'foreign State' under section 86 for purposes of instituting a suit.
  3. 3 Applicability of international law doctrine of sovereign immunity in view of statutory provisions.

Ratio Decidendi

Section 86(1) of the Code of Civil Procedure applies to suits against foreign States irrespective of their form of government; the requirement for consent of the Central Government before instituting such a suit is mandatory. Since no such consent was obtained in this case, the suit was statutorily barred and the plaint was properly rejected.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear their own costs throughout