Sections 87, 87A and 87B CPC: Foreign Rulers and Former Indian States

Sections 87, 87A and 87B of the Code of Civil Procedure, 1908 deal with how a foreign Ruler is named as a party to a suit, the statutory meanings of "foreign State" and "Ruler", and the limited application of Sections 85 and 86 to specified suits involving Rulers of former Indian States.

Current central law: Sections 87, 87A and 87B continue to form part of the Code of Civil Procedure, 1908. Section 87B applies only to the class of suits and proceedings described in that section, particularly where the cause of action arose before the commencement of the Constitution.

Section 87 CPC - 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.

Meaning and effect of Section 87

  • The general rule is that a foreign Ruler sues and is sued in the name of the Ruler's State.
  • When granting consent under Section 86, the Central Government may direct that the Ruler be sued in the name of an agent or another specified name.

Section 87A CPC - Definitions of "Foreign State" and "Ruler"

(1) In this Part:

(a) "foreign State" means any State outside India which has been recognised by the Central Government; and

(b) "Ruler", in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State.

(2) Every Court shall take judicial notice of the fact:

(a) that a State has or has not been recognized by the Central Government;

(b) that a person has or has not been recognized by the Central Government to be the head of a State.

Meaning and effect of Section 87A

  • A State outside India falls within the CPC definition of "foreign State" only if recognized by the Central Government.
  • The statutory "Ruler" is the person recognized by the Central Government as the head of that foreign State.
  • Courts must take judicial notice of the Central Government's recognition or non-recognition of the State and its head.

Section 87B CPC - Application of Sections 85 and 86 to Rulers of Former Indian States

(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 proceedings 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.

Meaning and effect of Section 87B

  • Section 87B is historically specific and does not apply to every dispute involving a former Indian State.
  • The suit must be by or against the Ruler of a former Indian State and be based wholly or partly on a cause of action arising before 26 January 1950, or be a proceeding arising from such a suit.
  • For those matters, Section 85 and Section 86(1) and (3) apply in the manner stated in Section 87B.
  • The Central Government identifies relevant former Indian States by Gazette notification for the purposes of the section.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.