( 1 ) THE question raised in tins case is whether the principles of International Law as transformed from time to time about sovereign immunity apply in India in face of the provisions contained in Section 86 of the Code of Civil Procedure, 1908.

( 2 ) MR. Deepak Wadhwa, plaintiff/decree-holder obtained from this Court on May 28, 1981 an ex-parte decree for the recovery of Rs. 4,32,066 with costs against AEROFLOT (Soyiet Airlines ). He took out on July 22, 1981 the execution of the decree and prayed for the issue of warrants of attachment of the amount lying in the current account No. 30/84011 with State Bank of India, Main Branch, Parliament Street, New Delhi in the name of AEROFLOT and then calling the amount for payment to the decree-holder. A show cause notice was issued to the judgment-debtor who filed an application, being E. A. 174181, for declaring that the suit instituted by the decree-holder was incompetent, invalid and untenable and the decree is non-est. inexecutable and a nullity. The plea is that AEROFLOT (Soviet Airlines) is a General Department of International Air Services of the U. S. S. R. ; that it is a Governmental organisation of the Union of