Section 85 CPC: Government-Appointed Agents for Foreign Rulers

Section 85 of the Code of Civil Procedure, 1908 empowers the Central Government, on the request specified in the section, to appoint persons to prosecute or defend suits on behalf of the Ruler of a foreign State. A person appointed under the section is treated as a recognized agent for appearances, acts and applications under the Code.

Current central law: Section 85 continues to form part of the Code of Civil Procedure, 1908 in three sub-sections. It deals with Central Government appointment, the scope of that appointment, and the appointed person's authority to authorize or appoint others to act in the relevant suit or suits.

Section 85 CPC - 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.

Meaning and effect of Section 85

  • The appointment is made by the Central Government by order.
  • The request may come from the Ruler of a foreign State or from a person whom the Central Government considers competent to act on behalf of that Ruler.
  • The person appointed becomes a recognized agent for procedural appearances, acts and applications under the CPC on behalf of the Ruler.
  • The appointment may be limited to one specified suit, several specified suits, or all suits that may from time to time need to be prosecuted or defended on behalf of the Ruler.
  • The appointed person may further authorize or appoint other persons to make appearances, applications and procedural acts in the relevant suit or suits.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.