Code
CPC 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.
Code: Section 87 CPC
87. Style of foreign Rulers as parties to suits.—
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.
Explanation of Section 87 CPC
What Is Section 87 CPC?
Section 87 of the Code of Civil Procedure, 1908 prescribes the manner in which a foreign ruler must appear as a party in civil proceedings before Indian courts. The provision clarifies that a foreign ruler does not ordinarily sue or get sued in a personal capacity. Instead, legal proceedings are conducted in the name of the foreign State that the ruler represents.
This rule reflects the principle that actions involving foreign rulers are generally connected with the sovereign State rather than the individual holding the position. Therefore, the State becomes the recognized legal entity in court proceedings.
Purpose of Section 87 CPC
The primary purpose of Section 87 CPC is to maintain clarity and consistency in litigation involving foreign rulers.
Foreign rulers act as representatives of sovereign States. Consequently, legal disputes involving them often concern governmental rights, obligations, or interests rather than personal matters.
By requiring suits to be filed in the name of the foreign State, the provision avoids confusion regarding the identity of the party involved in the litigation. It also aligns judicial proceedings with internationally recognized principles of state representation.
Suits by Foreign Rulers
When a foreign ruler initiates legal proceedings in India, the suit must generally be filed in the name of the foreign State.
For example, if a foreign government seeks to enforce a contractual right, recover property, or protect another legal interest in India, the action is brought in the name of the State rather than in the personal name of the ruler.
This approach emphasizes that the right being enforced belongs to the State and not merely to the individual ruler.
Suits Against Foreign Rulers
Similarly, when legal proceedings are initiated against a foreign ruler, the suit is ordinarily filed in the name of the foreign State.
This ensures uniformity in the treatment of foreign rulers and prevents unnecessary disputes regarding the correct designation of parties in the suit.
Therefore, courts focus on the legal entity represented by the ruler rather than on the individual office-holder.
Power of the Central Government
The proviso to Section 87 CPC grants a special power to the Central Government.
When granting consent under Section 86 CPC, the Central Government may direct that the foreign ruler be sued in the name of an agent or under a different name.
This flexibility may be useful in situations where practical considerations, diplomatic requirements, or legal circumstances make it more appropriate to identify the party differently.
As a result, the Government can ensure that litigation proceeds in the most suitable manner while respecting diplomatic sensitivities.
Relationship Between Sections 86 and 87 CPC
Section 87 CPC works closely with Section 86 CPC.
Section 86 regulates when a foreign ruler or foreign State may be sued, while Section 87 prescribes the manner in which the ruler should be described in legal proceedings.
Therefore, before suing a foreign ruler, a person must generally obtain the consent required under Section 86 CPC. Once consent is granted, Section 87 CPC determines the proper style in which the suit should be filed.
Importance of Section 87 CPC
Section 87 CPC plays an important role in international civil litigation.
The provision promotes certainty, avoids procedural confusion, and ensures proper identification of parties in suits involving foreign rulers. Moreover, it supports diplomatic courtesy by recognizing the sovereign status of foreign States.
Consequently, the section contributes to orderly judicial proceedings and effective international legal relations.
Illustration
Example 1: Property Recovery Suit
A foreign government claims ownership of property located in India. The government decides to file a civil suit for recovery of possession.
Under Section 87 CPC, the suit will ordinarily be filed in the name of the foreign State rather than in the personal name of the ruler.
Example 2: Suit Against a Foreign Ruler
A person receives consent under Section 86 CPC to sue a foreign ruler concerning a legal dispute involving property.
The suit will generally be instituted in the name of the foreign State represented by that ruler.
Example 3: Government Directs Use of an Agent’s Name
While granting consent under Section 86 CPC, the Central Government directs that the foreign ruler be sued through a specified agent.
In such a case, the suit may proceed in the name designated by the Government instead of the name of the foreign State.
Common Questions and Answers on Section 87 CPC
1. In whose name may a foreign ruler file a suit in India?
Answer:
A foreign ruler may ordinarily file a suit in the name of the foreign State that he represents.
2. How is a foreign ruler generally sued under Section 87 CPC?
Answer:
A foreign ruler is generally sued in the name of the foreign State rather than in a personal capacity.
3. Can the Central Government direct a different manner of suing a foreign ruler?
Answer:
Yes. While granting consent under Section 86 CPC, the Central Government may direct that the ruler be sued in the name of an agent or in another specified name.
4. Why is Section 87 CPC important?
Answer:
Section 87 CPC ensures proper identification of parties, promotes procedural clarity, and respects the sovereign status of foreign States in legal proceedings.
Conclusion
Section 87 CPC establishes the proper legal style in which foreign rulers may sue or be sued before Indian courts. The provision requires proceedings to be conducted in the name of the foreign State, thereby recognizing the ruler’s representative capacity and ensuring procedural consistency. Furthermore, it gives the Central Government flexibility to direct an alternative mode of representation when necessary. Therefore, Section 87 CPC serves as an important provision for maintaining clarity, diplomatic respect, and orderly conduct of international civil litigation.
