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An Indian citizen wishes to file an ordinary civil suit against a foreign State, and the tenancy exception does not apply. What does section 86(1) of the Code of Civil Procedure, 1908 require first?

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An Indian citizen wishes to file an ordinary civil suit against a foreign State, and the tenancy exception does not apply. What does section 86(1) of the Code of Civil Procedure, 1908 require first?

  1. Consent of the Central Government, certified in writing by a Secretary

  2. Consent of the State Government, certified in writing by its Chief Secretary

  3. Sanction of the Attorney General for India, given in writing

  4. Leave of the High Court within whose jurisdiction the suit lies

Answer and explanation

Correct answer: A - Consent of the Central Government, certified in writing by a Secretary

Section 86(1) of the Code of Civil Procedure, 1908 bars suits against a foreign State except with the consent of the Central Government certified in writing by a Secretary to that Government; the proviso lets a tenant sue a foreign State from which he holds immovable property. The consent is an executive decision of the Union, not of a State Government, a court or a law officer.

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