SWATANTER KUMAR, J.

( 1 ) INTERNATIONAL Development Research Centre (hereinafter referred to as 'the appellant') questions the correctness and legality of the judgment and decree passed by the learned Single Judge of this court in exercise of its original jurisdiction inter alia but primarily on the ground that the appellant being "foreign State" is entitled to the protection of provisions of Section 86 of the CPC (hereinafter referred to as 'the Code') and the suit in question, thus, was not maintainable against the appellant.

( 2 ) BEFORE we proceed to discuss this substantial question of law, reference to the facts giving rise to the present Regular First Appeal would be necessary.

( 3 ) SMT. Durgeshwari Sahi, respondent herein claimed that she was the owner and landlord of the property situated at 17, Jor Bagh, Lodhi Road, New delhi. The suit property was leased out by her to the appellant vide registered lease deed dated 7. 2. 1994 for a period of five years starting from 1. 4. 1994. In terms of the lease deed, the rent of the premises was fixed at Rs. 40,000/- per month for first three years whereafter it was to be Rs. 48,000/- p. m. w. e. f. 1st april, 1997 to 31st March,