Section 85 — Persons specially appointed to act for foreign Rulers
A foreign Ruler does not appear in an Indian court himself. On his request, the Central Government may by order appoint persons to prosecute or defend suits for him — and they are treated as his recognized agents under the Code. The appointment can cover one suit or all, and the appointee may bring in others.
How to read Section 85
The appointment
On a request by the foreign Ruler (or someone competent to act for him), the Central Government may, by order, appoint persons to prosecute or defend suits on his behalf.
Recognized agents
Those appointees are deemed recognized agents under the Code — they may make appearances, do acts and file applications for the Ruler.
Scope & delegation
The appointment may cover one suit, several, or all such suits as needed (2); and the appointee may further authorize others to act (3).
The bare Act
(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.
(3) A person appointed under this section may authorize or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
Section 85 was substituted by Act 2 of 1951, s. 12 (w.e.f. 1-4-1951), with §§ 83–84 and 86–87. “Recognized agents” are dealt with in Order III; “Ruler” and “foreign State” are defined in § 87A.
Key terms decoded
The person recognised by the Central Government as the Head / Ruler of a foreign State (§ 87A). He litigates here through appointed agents, not in person.
Someone the Central Government considers fit to act for the Ruler — the request for an appointment may come from him instead of the Ruler.
The appointment is made by a formal order of the Central Government — not by an ordinary vakalatnama.
The appointed persons may run the Ruler’s case whether he is plaintiff (prosecute) or defendant (defend).
A representative recognised by the Code (Order III) through whom appearances, acts and applications may validly be made — the status § 85 confers on the appointees.
The procedural steps the recognized agent may take in the suit on the Ruler’s behalf.
The appointment’s reach (sub-s. 2): a named suit, several named suits, or a standing mandate for all such suits as arise.
Sub-s. (3): the appointed agent may delegate — bringing in further persons to act in the suit as if he were himself a party.
The picture — from request to recognized agent
A foreign Ruler reaches the Indian courts through Government-recognized agents: request → order → recognized agents (1); the mandate may be narrow or standing (2); and the agent may bring in others (3).
Section 85, part by part
How the three sub-sections work as one body
Appoint → Scope → Delegate
On the Ruler’s request, the Central Government by order appoints persons to litigate for him — deemed recognized agents under the Code.
That appointment may be for one suit, several, or all such suits as arise — a narrow or a standing mandate.
The appointed agent may authorize or appoint others to act in the suits, as if he were himself a party.
Connected provisions
Section 85 sits in Part IV’s aliens & foreign-sovereigns group (§§ 83–87B): a foreign State suing (§ 84), the agents who act for a foreign Ruler (§ 85), suits against foreign Rulers, Ambassadors and Envoys (§ 86), their style (§ 87) and the definitions (§ 87A). “Recognized agents”: Order III.