SECTION 87 OF CODE OF CIVIL PROCEDURE 1908

What is Style of foreign Rulers as parties to suits? Section 87 of Code of Civil Procedure 1908

Style of foreign Rulers as parties to suits is defined under Section 86 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 87 of 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.

 

Section 87A of Code of Civil Procedure 1908 "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.

 

Section 87A of Code of Civil Procedure 1908 "Applications 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;

(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

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