Code of Civil Procedure, 1908 | Section 87

Section 87 CPC - Style of Foreign Rulers as Parties to Civil Suits

Section 87 of the Code of Civil Procedure, 1908 specifies the name in which the Ruler of a foreign State may sue or be sued in an Indian civil court. Its proviso permits the Central Government, when giving consent under Section 86, to direct a different form of naming the defendant.

Section 87 CPC: Statutory text

The Ruler of a foreign State may sue, and shall be sued, in the name of his State:

Provided that in giving the consent referred to in section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name.

Meaning of Section 87 CPC

The expression "style" refers to how a party is identified or described in the cause title of a suit. The general rule under Section 87 is that a foreign Ruler participates in civil proceedings in the name of the foreign State, rather than ordinarily being described solely by the Ruler's personal name.

This is a rule about the description of a party. It does not, by itself, grant permission to sue a foreign State or its Ruler, establish court jurisdiction, or remove procedural protections available under other provisions of the CPC.

General rule and the exception

1. A foreign Ruler suing in India

Where a foreign Ruler brings a civil action in a competent Indian court, Section 87 provides that the action may be brought in the name of the foreign State. Whether the action is otherwise maintainable depends on the relevant substantive and procedural law, including Section 84 CPC where applicable.

2. A foreign Ruler being sued in India

Where proceedings are brought against a foreign Ruler, the ordinary form of description is the name of the State. However, Section 86 CPC separately governs the requirement of written Central Government consent and related protections, subject to its statutory exceptions.

3. Direction to use an agent's name or another name

The proviso allows the Central Government, when giving consent under Section 86, to direct that the Ruler be sued in the name of an agent or in another specified name. The precise wording of the consent and any direction should therefore be checked before the plaint is prepared.

Important legal terms

  • Foreign State: Under Section 87A CPC, a State outside India recognised by the Central Government.
  • Ruler: Under Section 87A, the person recognised by the Central Government as the head of that foreign State.
  • Cause title: The part of the plaint or other pleading identifying the parties to the proceeding.
  • Consent under Section 86: The written consent of the Central Government, certified by a Secretary to that Government, where required by Section 86 for a suit against a foreign State or covered person.

Practical illustration

Suppose a person proposes to bring a civil suit against the Ruler of a recognised foreign State. Before filing, the person must consider whether Section 86 requires Central Government consent. If consent is granted and directs that the Ruler be described through a named agent, the cause title should follow that direction. Without such a direction, Section 87 states the general rule of suing in the name of the State. This illustration does not determine whether the proposed suit is otherwise maintainable.

  • Section 84: Circumstances in which foreign States may institute civil suits.
  • Section 85: Appointment of persons to prosecute or defend suits on behalf of foreign Rulers.
  • Section 86: Consent and protections in suits against foreign States, Rulers and specified diplomatic representatives.
  • Section 87A: Statutory definitions and judicial notice of recognition.
  • Section 87B: Special historical application of specified provisions to Rulers of former Indian States.

Frequently asked questions

Can a foreign Ruler sue in a personal name under Section 87?

Section 87 states the general rule that a foreign Ruler may sue in the name of the State. The appropriate description in a particular case must be assessed in light of the statutory text and relevant procedural directions.

Does Section 87 permit a suit against a foreign Ruler without Central Government consent?

No. Section 87 deals with the name in which a Ruler is sued. The consent requirement and exceptions are governed separately by Section 86 CPC.

Can the Central Government specify a different name for the defendant?

Yes. When granting consent under Section 86, the Central Government may direct that the Ruler be sued in the name of an agent or in another name.

Official legal sources

For the authoritative consolidated statute and amendment history, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). State amendments and relevant court decisions should also be checked for a particular proceeding.

This article provides general legal information and is not a substitute for advice on a specific case.