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.
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
Alien enemies residing in India with the Central Government's permission, and alien friends, may sue in any Court otherwise competent as if they were citizens of India. Alien enemies residing in India without permission, or residing in a foreign country, may not sue. The Explanation deems a person residing in a country at war with India and carrying on business there without a Central Government licence to be an alien enemy residing in a foreign country.
