Introduction
Section 85 of the Code of Civil Procedure, 1908 deals with persons appointed by the Government to prosecute or defend suits on behalf of foreign States or foreign rulers.
- Introduction
- Section at a Glance
- Meaning of Section 85 CPC
- Who Can Be Appointed?
- Purpose and Object of Section 85
- Prosecution and Defence of Suits
- Section 85 and Foreign States
- Section 85 and Section 86
- Foreign Ruler and Foreign State
- Practical Example
- Nature of the Appointment
- Section 85 Does Not Create Unlimited Authority
- Section 85 and Civil Procedure
- Practical Importance in Civil Litigation
- Common Confusions About Section 85 CPC
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
- Conclusion
The provision facilitates the representation of foreign States and rulers in civil proceedings in India by allowing the Central Government to appoint persons for this purpose.
Section 85 is therefore an important provision concerning representation of foreign States and foreign rulers before Indian courts.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 85 CPC |
| Subject | Persons appointed by Government for foreign rulers |
| Main purpose | Representation of foreign States and rulers in civil proceedings |
| Appointing authority | Central Government |
| Persons represented | Foreign rulers and foreign States |
| Main function | Prosecute or defend suits |
| Related provisions | Sections 84 and 86 CPC |
Meaning of Section 85 CPC
Section 85 enables the Central Government to appoint a person to act on behalf of a foreign State or foreign ruler for the purpose of:
- prosecuting a suit; or
- defending a suit
in an Indian court.
The provision recognises that a foreign State or ruler may require an authorised representative to conduct civil litigation in India.
Who Can Be Appointed?
The Central Government may appoint a person to represent:
- a foreign ruler; or
- a foreign State.
The appointment gives the person authority to act in the relevant civil proceedings on behalf of the foreign ruler or State.
Purpose and Object of Section 85
1. To Facilitate Representation
Foreign rulers and foreign States may not have their own ordinary representatives available to conduct litigation in Indian courts.
Section 85 provides a mechanism for their representation.
2. To Regulate Foreign-State Litigation
The provision places the appointment of representatives within a controlled governmental framework.
3. To Facilitate Prosecution and Defence
An appointed representative can take necessary steps for prosecuting or defending a suit.
4. To Maintain Diplomatic and Legal Coordination
The provision enables the Central Government to regulate representation of foreign States and rulers in Indian civil proceedings.
Prosecution and Defence of Suits
The person appointed under Section 85 may act for the foreign State or ruler in relation to a suit.
The appointment may therefore facilitate:
Prosecution of a suit
or
Defence of a suit
The provision is not limited only to foreign States as plaintiffs.
It also contemplates representation where the foreign State or ruler is required to defend proceedings.
Section 85 and Foreign States
Section 85 should be read together with Section 84.
Section 84
Deals with when foreign States may sue.
Section 85
Deals with persons appointed to represent foreign States or rulers in suits.
Therefore:
Section 84 → Right of foreign State to sue
Section 85 → Representation of foreign State or ruler
Section 85 and Section 86
Section 86 deals with suits against foreign States.
Section 85, on the other hand, deals with persons appointed to represent foreign rulers or States.
The distinction can be remembered as:
Section 85 → Who may represent
Section 86 → Suits against foreign States
Foreign Ruler and Foreign State
Section 85 refers to both foreign rulers and foreign States.
A foreign ruler is the sovereign or head of a foreign State.
A foreign State is the State itself as a sovereign entity.
The provision allows the Central Government to appoint persons to act for either of them in civil litigation.
Practical Example
Suppose a foreign State has a civil dispute before an Indian court and requires an authorised person to conduct the proceedings.
The Central Government may appoint a person under Section 85 to prosecute or defend the suit on behalf of that foreign State.
Similarly, where a foreign ruler requires representation in a civil proceeding in India, a person may be appointed for that purpose under the Section.
Nature of the Appointment
The appointment under Section 85 is made by the Central Government.
The authority to represent the foreign State or ruler therefore arises from the appointment made under the statutory framework.
This prevents uncertainty concerning who is authorised to conduct proceedings on behalf of a foreign State or ruler.
Section 85 Does Not Create Unlimited Authority
Section 85 concerns representation in civil suits.
It does not mean that an appointed person obtains unlimited authority over all matters concerning the foreign State or ruler.
The person’s authority is connected with the purpose for which the appointment is made, namely prosecuting or defending suits.
Section 85 and Civil Procedure
Section 85 forms part of the CPC provisions dealing with foreign States and foreign rulers.
The relevant provisions can be understood together:
| Section | Subject |
|---|---|
| Section 83 | When aliens may sue |
| Section 84 | When foreign States may sue |
| Section 85 | Persons appointed to represent foreign rulers/States |
| Section 86 | Suits against foreign States |
This sequence is useful for examination purposes.
Practical Importance in Civil Litigation
Section 85 becomes relevant where:
- a foreign State is involved in Indian civil litigation;
- a foreign ruler requires representation;
- an authorised person needs to prosecute a suit;
- an authorised person needs to defend a suit; or
- the court needs to determine whether a person is properly authorised to represent the foreign State or ruler.
Common Confusions About Section 85 CPC
1. Section 85 Is Not About Aliens
Section 83 deals with individual foreign nationals.
Section 85 deals with persons appointed to represent foreign rulers or foreign States.
2. Section 85 Is Not the Same as Section 84
Section 84 concerns the circumstances in which a foreign State may sue.
Section 85 concerns the appointment of persons to represent foreign States or rulers.
3. Section 85 Is Not Section 86
Section 86 concerns suits against foreign States.
Section 85 concerns representation of foreign States and rulers.
4. The Central Government Makes the Appointment
The appointment contemplated by Section 85 is made by the Central Government.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 85 → Persons appointed by Government for foreign rulers.
- The Central Government may appoint persons for the representation of foreign rulers or foreign States.
- The appointed person may prosecute or defend suits on behalf of the foreign ruler or State.
- Section 84 concerns when foreign States may sue.
- Section 86 concerns suits against foreign States.
- Section 85 is primarily concerned with representation.
Important Questions to Prepare
- What is the object of Section 85 CPC?
- Who can appoint a person under Section 85?
- Who may be represented under Section 85?
- What functions can an appointed person perform?
- Can a person appointed under Section 85 prosecute a suit?
- Can a person appointed under Section 85 defend a suit?
- Distinguish Section 84 and Section 85 CPC.
- Distinguish Section 85 and Section 86 CPC.
- What is the significance of representation of foreign rulers under Section 85?
Key Legal Principles
1. Central Government appointment
The Central Government is the authority responsible for making the appointment contemplated by Section 85.
2. Representation of foreign rulers and States
The provision facilitates representation of foreign rulers and foreign States in civil proceedings.
3. Both prosecution and defence are covered
The appointed person may act for the purpose of prosecuting or defending suits.
4. Section 85 concerns representation
The core purpose of the provision is to provide a legally recognised mechanism for representation in civil litigation.
ALSO READ: Section 84 – When Foreign States May Sue
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 85 CPC |
| Subject | Persons appointed by Government for foreign rulers |
| Appointing authority | Central Government |
| Persons represented | Foreign rulers and foreign States |
| Function | Prosecute or defend suits |
| Section 83 | Aliens may sue |
| Section 84 | Foreign States may sue |
| Section 86 | Suits against foreign States |
| Main concept | Representation |
Conclusion
Section 85 CPC provides a mechanism for the Central Government to appoint persons to represent foreign rulers or foreign States in civil suits in India. The appointed person may prosecute or defend the relevant proceedings on behalf of the foreign ruler or State.
The easiest way to remember Sections 83–86 is:
Section 83 → Aliens may sue
Section 84 → Foreign States may sue
Section 85 → Persons appointed to represent foreign rulers/States
Section 86 → Suits against foreign States
