Code of Civil Procedure, 1908 — Section 84: When foreign States may sue

84. When foreign States may sue.__ (1) A foreign State may sue in any Court 5[in the Provinces] : Provided that such State has been recognized by 6[* * *] the 7[Federal Government]: Provided, also, that the object of the suit is to enforce a Private right vested in the head of such State or in any officer of such State in his public capacity.

(2)Every Court shall take judicial notice of the fact that a foreign State has or has not been recognized by 6[* * *] the 7[Federal Government]. 85. Persons specially appointed by Government to prosecute or defend for Ruler of foreign State.__ 8[(1) Persons specially appointed by order of the 7[Federal Government] at the request of the Ruler of any foreign State, or at the request of any person competent, in the opinion of the 7 [Federal Government], to act on behalf of such Ruler, to prosecute or defend any suit on his behalf, 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.] 9 [* * * * * * *]

(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 the 10[Ruler].

(3)A person appointed under this section may authorise or appoint persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

(a)any private immoveable property situated in Pakistan held by him in his private capacity and not on behalf of the sending State for the purpose of the mission ;

(b)a succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c)any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his official functions.

(2)No measures of execution shall be taken in respect of a diplomatic agent except in cases which come under clauses (a), (b) and (c) of sub-section (1) and in which such measures can be taken without infringing the inviolability of his person or of his residence.

(3)The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from invoking immunity from jurisdiction under this section in respect of any counter-claim directly connected with the principal claim.

(4)The immunity of a diplomatic agent under sub-section (1) or sub-section (2) may be waived by the sending State; and any such waiver shall be express.

(5)Waiver of immunity in respect of any proceedings shall not be held to imply waiver of immunity in respect of any measure of execution for which a separate waiver shall be necessary.

(6)In this section, 'diplomatic agent' in relation to a State means the head of the mission in Pakistan of that State and includes a member of the staff of that mission having diplomatic rank.] PART V SPECIAL PROCEEDINGS ARBITRATION 89. [Arbitration.] Omitted by the Arbitration Act, 1940 (X of 1940), s. 49 and Third Schedule.