Law: Civil Procedure Code (V of 1908)

Section: 86, 141

Law: Arbitration Act (X of 1940)

Section: 14, 41, 86

(a) Civil Procedure Code (V of 1908), S. 86-Provisions applicable to foreign Rulers and not to foreign States-[A. M. Quershi v. Union of Soviet Socialist Republics and another P L D 1968 Kar. 443 overruled]. The question that arose for determination before the Division Bench of the High Court was as regards the true meaning of the words "Ruler of a foreign State" occurring in section 86, C. P. C. On one hand it was urged that the words "Ruler of a foreign State" mean both, the person who is head of a foreign State as well as the foreign State itself and in support of this interpretation reliance was placed on the English doctrine of immunity which, it was urged, was to be followed in the construction of section 86, C. P. C. In reply, on the other hand, it was argued that the provisions of section 86 applied to foreign Rulers and not to foreign State (e.g. U. S. A.) and that it was wrong to hold that the principles of English law had to be followed in the construction of section 86. Held: the words "Ruler of a foreign State" and "Ruler" in section 86, C. P. C. wherever they occur in this section, were substituted for the words "Prince or Chief" by an amendment to the section in 1960. As this amendment was made more than half a century after the enactment of the Code of Civil Proce dure in 1908, it is not irrelevant to observe that this half century saw great changes in private international law, of which the Legislature must have been aware when it amended section 86. As the Legislature has used the words "Ruler of a foreign State" in contradistinction to the word "State" in sections 84 and 87, the language employed by it cannot be lightly disregarded. Additionally, a word in the same section must always be given the same meaning in the absence of express provision to the contrary. Now subsection (3) confers immunity with regard to the person and property of the Ruler, and it is clear that this immunity is for the person who is the head of a foreign State and not for the foreign State itself. It is true that the foreign State enjoys full immunity in the English Courts, but that neither means…