Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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12.

Which of the following is true ?

A: Alien enemies residing in India can never sue
B: Alien enemies residing in India may sue with the permission of the Central Government
C: Alien enemies residing in India may sue with the permission of the State Government in whose jurisdiction they are residing
D: Alien enemies can sue in any court.

The answer is: B

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Explanation

The correct option is B : Alien enemies residing in India may sue with the permission of the Central Government.

This is according to Section 83 of the Code of Civil Procedure, 1908, which defines alien enemies as those residing in a foreign country that is at war with India, or carrying on business in that country without a licence from the Central Government. Alien friends, on the other hand, are those who are not at war with India, and they can sue in any court as if they were citizens of India. Alien enemies residing in India without the permission of the Central Government, or residing in a foreign country, cannot sue in any court in India. Therefore, options A, C, and D are incorrect.