Section 87 of The Code of Civil Procedure, 1908
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.
Summary
- When a foreign Ruler is a party to a lawsuit, they must sue or be sued using the name of their country.
- For example, instead of naming the individual person, the court papers will name the "State".
- However, when the Central Government gives permission to sue, it can choose to let the person be sued by a different name or in the name of an agent.
FAQ
1. What name should be used in court for a foreign leader under Section 87?
Under Section 87 of The Code of Civil Procedure, 1908, the Ruler must sue and be sued in the name of their State.
2. Can the court use a personal name for a foreign Ruler under Section 87?
Usually no, unless the Central Government specifically directs that the Ruler may be sued in a different name when giving consent under Section 86.
3. Does Section 87 of the civil code apply if a Ruler is the one starting the lawsuit?
Yes, Section 87 of the 1908 Code applies whether the Ruler is suing someone else or being sued themselves.
Test yourself
1.Under Section 87 of The Code of Civil Procedure, 1908, a foreign Ruler must typically be named in court as:
2.Who can authorize a foreign Ruler to be sued in the name of an agent under Section 87?
3.Combining Sections 86 and 87, if you get consent to sue a Ruler, what is the default name used?
4.Does Section 87 of the procedural rules allow a foreign Ruler to sue someone in their own personal name?