The expression has now acquired a legal connotation. Its authoritative exposition is to be found in Halsbury's Laws of England, The exposition has been cited an authority in several well recognised decisions. We, therefore, think that it is safe to adopt that meaning. In Halsbury's Laws of England, Vol. 39, 3rd Edition page 30, it is set out as follows :— “The primary meaning of 'alien enemy' is one whose sovereign or state is at war with the sovereign of England. In re­ference to civil rights, however, alien enemy is used by the courts of the United Kingdom in a different sense and means one who is voluntarily resident or who carries on business in an enemy or enemy subjugated country, even though he is a natural born British subject or a na­turalised British subject, or the subject of a natural state. A subject of an enemy state, who is neither residing nor carry­ing on business in an enemy or enemy subjugated country, is not an alien enemy with reference to civil rights; and so may maintain an action in this country subject of an enemy state may, by residing or trading in an allied or neutral state, acquire a friendly or neu­tral commercial domicile, which will protect his goods if captured at sea from condemnation. A British born wife of an alien enemy separated from her husband and residing in a neutral or friendly country is not an alien enemy.” To prove that a person is an alien enemy at the time of the commencement of an action, it is not enough to show that he was some time before domiciled in territory which has become hostile. The significance of the exposition amongst others is that a national can be an enemy and he is an enemy if he resides voluntarily during the state of war in the enemy territory. If we now turn to section 83 of the Civil Procedure Code we find that expression ‘alien enemy' has been used in this sense. This inter­pretation is reinforced in its significance if the explanation appended to section 83 is considered. It says that a Pakistan National resident and trading in a foreign country at war with Pakistan without a licence issued by a Secretary of the Central Government shall be denied to be an alien enemy. The explanation is like an exemption clause. The explanation is so worded as to include all persons residing and trading in enemy territory as enemies unless they can be excluded within the language of the explanation.

( Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD) [960] )