Code
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign
Rulers.—(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.
Code: Section 85 CPC
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.—
(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 person to prosecute or defend any suit on behalf of such Ruler, and any person so appointed shall be deemed to be the recognized agent 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 person to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
What Is Section 85 CPC?
Section 85 of the Code of Civil Procedure, 1908 creates a special mechanism for representing foreign rulers in Indian courts. Instead of requiring a foreign ruler to personally appear in legal proceedings, the law allows the Central Government to appoint a person who can act on the ruler’s behalf.
This provision recognizes the practical difficulties that may arise when a foreign ruler becomes involved in litigation in India. Therefore, it provides a formal process that enables legal proceedings to continue smoothly while ensuring that the ruler’s interests receive proper representation.
As international relations and cross-border legal disputes continue to grow, Section 85 CPC plays an important role in facilitating access to justice while maintaining diplomatic propriety.
Purpose of Section 85 CPC
The primary objective of Section 85 CPC is to establish a legally recognized channel through which foreign rulers can participate in civil proceedings before Indian courts.
Without such a provision, questions could arise regarding who has the authority to act for a foreign ruler. This uncertainty could delay legal proceedings and create procedural complications.
Therefore, Section 85 CPC removes ambiguity by allowing the Central Government to officially recognize a representative. As a result, courts can proceed with confidence that the authorized person has the legal authority to act on behalf of the foreign ruler.
Role of the Central Government
The Central Government plays a key role under this provision. It has the power to appoint a representative when it receives a request from a foreign ruler or from a person whom it considers competent to make such a request.
This power ensures that the appointment process remains controlled and reliable. Consequently, courts do not need to independently verify whether a representative truly acts for a foreign ruler.
Once the Government makes the appointment, the representative gains the authority to handle litigation according to the provisions of the Code of Civil Procedure.
Who Is a Recognized Agent?
A person appointed under Section 85 CPC becomes a recognized agent of the foreign ruler.
A recognized agent may perform procedural acts that are necessary for conducting a civil case. These acts may include filing pleadings, submitting applications, receiving notices, and making court appearances.
Therefore, the appointed person effectively serves as the legal face of the foreign ruler throughout the proceedings.
This arrangement promotes efficiency because courts can communicate directly with the authorized representative instead of dealing with international procedural barriers.
Scope of the Appointment
The Central Government may tailor the appointment according to the circumstances of the case.
For example, the appointment may relate to a single dispute involving a specific property or contract. Alternatively, it may cover multiple legal proceedings involving the same foreign ruler.
In some situations, the Government may authorize representation for all future suits that require legal action on behalf of the foreign ruler.
This flexibility allows the legal system to respond effectively to different types of disputes.
Delegation of Authority by the Appointed Person
Section 85 CPC also recognizes that the appointed representative may require assistance from legal professionals.
Accordingly, the representative may authorize another person to appear before the court and carry out procedural functions. This person may be an advocate or another authorized individual.
As a result, litigation can progress without interruption even when the original representative cannot personally attend every hearing.
This feature strengthens the practical usefulness of the provision and supports efficient case management.
Why Section 85 CPC Is Important
Section 85 CPC serves an important function in the field of international civil litigation.
First, it ensures that foreign rulers can protect their legal rights in India through a structured legal process. Second, it reduces procedural uncertainty by clearly identifying who may represent the foreign ruler.
Moreover, the provision supports judicial efficiency. Courts can focus on resolving disputes rather than determining questions of representation.
Therefore, Section 85 CPC contributes to both effective dispute resolution and smooth international legal cooperation.
Illustration
Example 1: Contractual Dispute
A foreign ruler enters into a commercial agreement connected with property located in India. A dispute later arises regarding the performance of the contract.
The Central Government appoints a representative under Section 85 CPC. The representative files the necessary documents and defends the ruler’s interests before the court.
Example 2: Multiple Civil Cases
A foreign ruler becomes involved in several civil disputes pending before different courts in India.
Instead of seeking separate authorization for each matter, the Central Government appoints one representative to handle all specified cases. This approach simplifies the litigation process and improves efficiency.
Example 3: Appointment of an Advocate
A representative appointed under Section 85 CPC authorizes an advocate to appear before the court.
The advocate files applications, attends hearings, and performs procedural tasks while acting under the authority granted by the representative.
Common Questions and Answers on Section 85 CPC
1. What is the main purpose of Section 85 CPC?
Answer:
Section 85 CPC allows the Central Government to appoint a representative who can prosecute or defend legal proceedings on behalf of a foreign ruler.
2. Why is government approval necessary under Section 85 CPC?
Answer:
Government approval ensures that the person representing the foreign ruler possesses proper authority and recognition.
3. Can a foreign ruler directly participate in a suit?
Answer:
Yes. However, Section 85 CPC provides a convenient legal mechanism through which an authorized representative may act on the ruler’s behalf.
4. Can the appointment apply to more than one suit?
Answer:
Yes. The appointment may cover a single case, multiple specified cases, or future cases requiring representation.
5. What powers does the appointed representative possess?
Answer:
The representative may make appearances, file applications, submit pleadings, and perform other procedural acts connected with the litigation.
6. Can the appointed representative authorize another person?
Answer:
Yes. Section 85 CPC expressly permits the representative to authorize another person to act in legal proceedings.
7. Does Section 85 CPC promote international legal cooperation?
Answer:
Yes. The provision creates an organized framework that enables foreign rulers to participate effectively in Indian legal proceedings.
Conclusion
Section 85 CPC provides a practical and legally secure framework for representing foreign rulers in Indian courts. By empowering the Central Government to appoint recognized agents, the provision eliminates uncertainty regarding authority and representation. It also ensures that civil proceedings involving foreign rulers continue efficiently and without unnecessary procedural obstacles. As cross-border legal interactions become increasingly common, Section 85 CPC remains an important provision for promoting judicial efficiency, international cooperation, and effective access to justice.
