Code of Civil Procedure, 1908 | Special proceedings

Section 87B CPC - Suits Involving Rulers of Former Indian States

Section 87B of the Code of Civil Procedure, 1908 applies specified procedural protections to suits by or against Rulers of former Indian States where the cause of action arose wholly or partly before the Constitution commenced on 26 January 1950.

Essential distinction: Section 87B is limited to qualifying historical causes of action. It applies Section 85 and only subsections (1) and (3) of Section 86; it does not automatically extend every protection in Section 86 to former Indian State Rulers.

Section 87B CPC - Statutory text

(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.

(2) In this section—

(a) "former Indian State" means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section;

(b) "commencement of the Constitution" means the 26th day of January, 1950; and

(c) "Ruler", in relation to a former Indian State, has the same meaning as in article 363 of the Constitution.

When does Section 87B apply?

The section addresses a narrow category of civil litigation involving a person qualifying as the Ruler of a notified former Indian State. The suit must arise, wholly or partly, from a cause of action (the material facts that give rise to a right to sue) occurring before 26 January 1950. It also covers proceedings arising out of such a suit.

The words "wholly or in part" matter: a qualifying cause of action need not have arisen entirely before the Constitution began. However, merely involving a former princely family or a historical property does not, without more, establish the section's applicability.

Definitions under Section 87B(2)

Former Indian State

For this section, a former Indian State is an Indian State specified by the Central Government through a notification published in the Official Gazette. Historical description alone is not a substitute for checking the applicable notification.

Commencement of the Constitution

The statute expressly fixes this date as 26 January 1950. This is the temporal dividing line for the cause of action.

Ruler

Section 87B adopts the meaning of "Ruler" from Article 363 of the Constitution of India. The constitutional definition and its historical setting must be read carefully, including the legal consequences of the Constitution (Twenty-sixth Amendment) Act, 1971. Section 87B does not itself create or restore royal titles, privileges or recognition.

Effect of applying Sections 85 and 86

Section 85 - Appointment of representatives

Section 85 CPC permits the Central Government, on a qualifying request, to appoint persons to prosecute or defend suits on behalf of a foreign Ruler. Through Section 87B, this mechanism applies to a qualifying Ruler of a former Indian State.

Section 86(1) - Consent for suit

Section 86(1) CPC, as applied by Section 87B, concerns the requirement of Central Government consent certified in writing by a Secretary to that Government before a qualifying Ruler may be sued. The precise reach of that requirement depends on the statutory language and the facts of the dispute.

Section 86(3) - Execution against property

Section 86(3), as applied, addresses the need for similarly certified Central Government consent before execution against protected property. A judgment creditor should distinguish obtaining a decree from taking steps to enforce it.

Important: Section 87B specifically refers to Section 85 and Section 86(1) and (3). It does not incorporate Section 86(2), (4), (5) or (6) wholesale. Other constitutional provisions, amendments, judicial decisions and applicable law may affect a particular claim.

Illustrative example

Suppose a civil dispute concerns obligations said to have arisen in 1948 involving the Ruler of a former Indian State. Before applying Section 87B, the parties would need to establish whether the former State was notified for the section, whether the person meets the statutory definition of Ruler, whether the suit is based wholly or partly on a pre-26 January 1950 cause of action, and whether any other legal bar or exception applies. The section is not a general immunity for all present-day disputes involving descendants of former Rulers.

Frequently asked questions

Does Section 87B apply to every suit involving a former royal family?

No. It is directed to suits by or against a qualifying Ruler of a notified former Indian State with the specified historical cause-of-action requirement.

What date matters under Section 87B?

26 January 1950, the commencement date expressly defined in subsection (2)(b).

Are all provisions of Section 86 incorporated?

No. Section 87B expressly applies only subsections (1) and (3) of Section 86, together with Section 85.

Does Section 87B decide ownership of disputed property?

No. It concerns specified procedural rules. Substantive rights and any constitutional or statutory limitations must be considered separately.

Related provisions and official references

Section 84 CPC - When foreign States may sue.
Section 85 CPC - Government-appointed representatives.
Section 86 CPC - Suits against foreign States and specified persons.
Section 87 CPC - Style of foreign Rulers as parties.
Section 87A CPC - Definitions of foreign State and Ruler.
India Code - Official legislation database (consult the Code of Civil Procedure, 1908 and current amendments).
Legislative Department - Constitution of India (see Article 363 and related constitutional provisions).

Legal information for general reference. The application of Section 87B may depend on historical notifications, constitutional changes, and binding case law.