Understanding Section 87 of the Code of Civil Procedure, 1908: How Foreign Rulers are Styled as Parties in Legal Suits
SimranLaw, a leading law firm is here to dissect and demystify Section 87 of the Code of Civil Procedure (CPC), 1908. Our legal experts will delve deep into this part of legislation which pertains to how foreign rulers are styled as parties in legal suits. Drawing on our years of experience, we hope to offer a comprehensive understanding of this complex legal issue.
Understanding Section 87
Section 87 of the CPC, 1908, lays down provisions concerning legal proceedings involving foreign rulers, ambassadors, and envoys. Under this provision, the Central Government may prescribe the manner in which these foreign dignitaries can become party to a suit. The key objective is to facilitate such processes while ensuring respect for these foreign dignitaries’ sovereignty.
Dissecting the Language of Section 87
The language used in Section 87 holds immense weight. The term “styled” used in this context does not refer to the designation or title accorded to the individual but to the manner in which they are referred to in legal proceedings. Thus, “foreign rulers” can mean any ruling authority outside of India, and the manner they are addressed would be “styled” based on the guidelines provided by the Central Government.
Case Law: Mirza Ali Akbar Kashani vs United Arab Republic and Another
A case that helps understand the application of Section 87 is the Mirza Ali Akbar Kashani vs United Arab Republic and Another case. Here, the plaintiff filed a suit seeking a declaration to the effect that he was not a servant in the employ of the defendants. Despite the defendant being a foreign ruler, the court held that no sanction of Central Government was necessary to institute the suit as per Section 87.
Case Law: Bhupendra Singh vs His Highness Maharaja Martand Singh
Another significant case is Bhupendra Singh vs His Highness Maharaja Martand Singh, where the plaintiff appealed against his dismissal from the services of the former ruler of Rewa. The Supreme Court held that the suit’s institution was barred under Section 87 as the required consent from the Central Government was not obtained.
In conclusion, Section 87 of the CPC, 1908, plays an essential role in maintaining the decorum and respect accorded to foreign rulers involved in Indian legal proceedings. However, it is important to note that this section can only be invoked if the foreign ruler is being sued in their official capacity rather than a personal one.
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