Code of Civil Procedure, 1908
83.When aliens may use.-
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.
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 license 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.