Can foreign tourist file a suit in indian courts ?
V.V.RAMDAS
(Querist) 20 February 2010
This query is : Resolved
Friends,
My problem is - a canadian lady came to my place on tourist visa and filed a suit in the local Civil Court for right, title, interest and recovery of posession of a Trust property as she was giving charity to the said trust. Hence I would like get it clarified that (1) Whether such foreign lady can file a suit in indian court without the permission of the Indian Government ? (2) Whether she is entitled for Court fees exemption ?( ladies are exempted for payment court fees in orissa) So whether that provision is extended to the foreigner ?
Parveen Kr. Aggarwal
(Expert) 20 February 2010
Section 83 of the Code of Civil Procedure, 1908:
"83. When aliens may sue: Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court.
Explanation-Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country."
Guest
(Expert) 21 February 2010
agree with parveen
