A foreigner can sue an Indian in India before a competent court. A foreign company can sue an Indian company in India before a competent court. An alien enemy can defend a suit. A foreign State may sue an Indian person in India for private wrong.
There would also be situation when the Indian court despite having jurisdiction may refuse to entertain suits having foreign element, like in case of contracts with pre-determined jurisdiction, arbitration etc. In certain circumstances Indian Courts in a particular case decline to entertain suits by applying the rule known as forum non conveniens.
In India, the locus standi of suits filed by foreigner and foreign state is governed by section 83 and 84 of the code of civil procedure.
Section 83 provides thus:
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.Jurisdiction of Indian Courts
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.
Section 84 provides thus:
A foreign State may sue in any competent Court:
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.
As per above the position is that:
- A foreigner can sue an Indian in India before a competent court.
- A foreign company can sue an Indian company in India before a competent court.
- An alien enemy can defend a suit.
- A foreign State may sue an Indian person in India for private wrong.
- A foreigner can sued in India before competent court.