ASHOK AGARWAL, J.:---The questions which arise for our consideration, in the present Appeal, are:

(i) Whether the appellant - original defendant No. 3 Kenya Airways can be held to be a Foreign State within the meaning of section 86 of the Code of Civil Procedure, 1908?

(ii) If yes, whether the first respondent original plaintiff was required to obtain a consent of the Central Government before filing the present suit as required by the aforesaid section?

(iii) Whether the third defendant has waived its right under section 86 of the Code?

(iv) Whether the communication dated 2nd June, 1995 addressed by the Ministry of External Affairs, Government of India, to the plaintiff entitles the plaintiff to file the present suit on the hypothesis that no consent under section 86 is required to be obtained prior to filing of the present suit?

2.Appellant, Kenya Airways, is defendant No. 3 in the suit. Respondent is original plaintiff No. 1, who along with original plaintiff No. 2, since deceased, is owner and as such landlord in respect of a flat on the South-West side on second floor of Dunkeld Building, 8, Harkness Road, Bombay 400 006 alongwith a garage located on the ground floor of t