SUITS AGAINST RULERS OF FORMER INDIAN STATESCentral

Section 87B of The Code of Civil Procedure, 1908

Application of sections 85 and 86 to Rulers of former Indian States.

1[(I) 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
1. (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; 2 *** 3[(b) "Commencement of the Constitution" means the 26th day of January, 1950; and
2. (c)"Ruler", in relation to a former Indian State, has the same meaning as in article 363 of the Constitution.]

Summary

This part applies specific legal protections to rulers of former Indian states for older legal claims.
It specifically uses the rules from section 85 and specific sub-sections of section 86 of the law.
These rules apply to claims that are based on a reason for a legal suit that started before January 26, 1950.
A former Indian state is defined as any state that the Central Government identifies by a notice in the Official Gazette.
The term Ruler refers to the definition found in article 363 of the Constitution.

Practical examples

1Arjun wants to sue a former Ruler over a property deal signed in 1948, so he must follow the special rules for Rulers because the event happened before 1950.

2A company tries to sue a notified former Indian State for a contract breach from 1945 and finds they need permission from the Central Government as if they were suing a foreign state.

FAQ

1. What is the significance of January 26, 1950 in Section 87B of The Code of Civil Procedure, 1908?

Under Section 87B of The Code of Civil Procedure, 1908, this date marks the start of the Constitution and serves as the cutoff for which legal claims are subject to the special protections for Rulers of former Indian States.

2. Does a person need consent to sue a former Ruler under Section 87B of The Code of Civil Procedure, 1908?

Yes, Section 87B of The Code of Civil Procedure, 1908, applies the requirements of Section 86, which generally requires the written consent of the Central Government before suing certain protected individuals.

3. Which other sections are linked to Section 87B of The Code of Civil Procedure, 1908?

Section 87B of The Code of Civil Procedure, 1908, specifically applies the provisions found in Section 85 and sub-sections (1) and (3) of Section 86 to Rulers of former Indian States.

Test yourself

1.Under Section 87B of The Code of Civil Procedure, 1908, what is the cutoff date for legal claims against a Ruler of a former Indian State to receive special protections?

2.Which sections of the law are applied to Rulers of former Indian States by Section 87B of The Code of Civil Procedure, 1908?

3.How is a "former Indian State" identified according to Section 87B of The Code of Civil Procedure, 1908?

4.Does Section 87B of The Code of Civil Procedure, 1908, apply to legal claims that started after the Constitution began?

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