MIRZA ALI AKBAR KASHANI vs UNITED ARAB REPUBLIC AND ANR.

The Supreme Court held that Section 86(1) of the Code of Civil Procedure, 1908, requires the consent of the Central Government for suits against foreign States, but clarified that the Ruler of a foreign State is not distinguishable from the foreign State itself for this purpose. The Court emphasized that Section 86(1) imposes a liability on foreign States to be sued, aligning it with Section 84, which allows foreign States to sue. The Court ultimately upheld the Division Bench's decision that the suit was incompetent due to lack of consent, leading to the rejection of the appellant's plaint.