Law:

Section:

Civil Procedure Code (V of 1908)----- Ss. 84 & 86-Suit against foreign state for recovery of commission and damages for breach of contract-Whether not maintainable without consent of Central Government-Special Leave to Appeal granted by Supreme Court for delivering authoritative pronouncement on question. Gammon Layton v. Secretary of State, U. S. A. P L D 1965 Kar. 425 ref. Z. H. Chishti, Advocate Supreme Court instructed by Anwar Ali Syed, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 8th January 1969. ORDER SAJJAD AHMAD, J.-The petitioner brought a suit against the respondents for recovery of Rs. 45,19,333 on account of commission and damages for breach of contract. A learned Single Judge of the High Court of the Karachi Bench dismissed it on the view that the suit was not competent either against respondent No. 1 which was a foreign state or against No. 2 which was an integral part of respondent No. 1 and its Embassy in Pakistan. Sections 84 and 86 were duly examined and the latter was held to constitute a bar for such a suit. The learned Judge has found that a foreign state like respondent No. 1 can neither sue nor…

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