Section 87 CPC — Style of Rulers as Parties

Introduction

Section 87 of the Code of Civil Procedure, 1908 deals with the manner in which a foreign ruler is described or named as a party in civil proceedings.

The provision lays down the style in which a foreign ruler may sue or may be sued in an Indian court. It is a procedural provision concerning the description and designation of foreign rulers as parties to a suit.

Section 87 should be read together with the provisions relating to foreign States, foreign rulers and suits against them, particularly Sections 84, 85 and 86 CPC.

Section at a Glance

Particular	Details
Section	Section 87 CPC
Subject	Style of rulers as parties
Main purpose	Manner of describing foreign rulers as parties
Nature	Procedural
Main concept	Proper designation of foreign ruler
Related provisions	Sections 84, 85, 86, 87A and 89 CPC

Meaning of Section 87 CPC

Section 87 deals with the style or manner in which a foreign ruler is described when appearing as a party to a civil proceeding.

The provision ensures that the identity and status of a foreign ruler are properly reflected in judicial proceedings.

It is therefore concerned with the form and designation of the party, rather than determining the substantive rights of the foreign ruler.

Purpose and Object of Section 87

The main purposes of Section 87 are:

1. Proper Identification of the Ruler

The provision ensures that a foreign ruler is correctly identified in court proceedings.

2. Recognition of Sovereign Status

The style used for the ruler reflects the special legal status of a foreign sovereign.

3. Procedural Uniformity

The provision provides a statutory framework for describing foreign rulers in civil proceedings.

4. Avoidance of Confusion

Proper designation helps distinguish the foreign ruler from an ordinary private individual.

Foreign Ruler as a Party

A foreign ruler may appear in civil proceedings either as:

• a plaintiff, or
• a defendant,

subject to the applicable provisions of the CPC.

When the ruler appears as a party, the proceedings must use the appropriate style or designation prescribed by the CPC.

Section 87 and Foreign-State Litigation

Section 87 forms part of the CPC provisions dealing with foreign States and foreign rulers.

The relevant provisions can be understood as follows:

Section	Subject
Section 83	When aliens may sue
Section 84	When foreign States may sue
Section 85	Persons appointed by Government for foreign rulers
Section 86	Suits against foreign rulers, ambassadors and envoys
Section 87	Style of rulers as parties
Section 87A	Definitions of “foreign State” and “ruler”

This sequence is useful for understanding the structure of the CPC.

Section 87 and Section 86

Section 86 and Section 87 deal with different aspects of foreign rulers.

Section 86

Deals with the special protection and restrictions concerning suits against foreign rulers and other protected foreign representatives.

Section 87

Deals with the style or manner in which rulers are designated as parties.

Therefore:

Section 86 → Protection from suits

Section 87 → Style of the ruler as a party

Section 87 and Section 87A

Section 87 should be read together with Section 87A.

Section 87

Deals with the style of rulers as parties.

Section 87A

Provides relevant definitions, including the meaning of “foreign State” and “ruler” for the purposes of the provisions concerning foreign States and rulers.

Thus, Section 87A helps determine who falls within the terminology used in these provisions.

Procedural Nature of Section 87

Section 87 is primarily procedural.

It does not itself determine:

• whether the foreign ruler has a valid cause of action;
• whether the Indian court has jurisdiction over the underlying dispute;
• whether the ruler will succeed in the suit; or
• whether a claim is legally enforceable.

Instead, it deals with the proper style or designation of the ruler when participating in civil proceedings.

Practical Example

Suppose a foreign ruler is entitled to institute a civil proceeding in India concerning a private right.

When the ruler is made a party to the proceeding, the ruler must be described in the manner contemplated by Section 87.

The provision therefore concerns how the party is styled in the proceeding, rather than the merits of the underlying dispute.

Importance of Proper Designation

Proper designation of parties is important in civil proceedings because court records, pleadings and decrees must clearly identify the parties involved.

In the case of a foreign ruler, proper designation is particularly significant because the person is not merely an ordinary private litigant but holds a special sovereign status.

Common Confusions About Section 87 CPC

1. Section 87 Is Not About Whether a Ruler Can Sue

The question of when a foreign State may sue is primarily dealt with under Section 84.

2. Section 87 Is Not About Consent to Sue a Foreign Ruler

Restrictions concerning suits against foreign rulers are dealt with under Section 86.

3. Section 87 Is Not a Substantive Immunity Provision

Its principal function is procedural and concerns the style or designation of rulers as parties.

4. Section 87 Is Different From Section 87A

Section 87 deals with the style of rulers.

Section 87A contains relevant definitions.

Practical Importance in Civil Litigation

Section 87 becomes relevant when a foreign ruler is involved in civil proceedings in India.

An advocate dealing with such proceedings should consider:

• whether the party is a foreign ruler;
• whether the ruler is appearing as plaintiff or defendant;
• the appropriate style or designation of the ruler;
• whether Sections 84–86 apply; and
• whether the definitions under Section 87A are relevant.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 87 → Style of Rulers as Parties.
• It is primarily a procedural provision.
• It concerns the manner in which a foreign ruler is designated as a party.
• It should be read with Sections 84, 85 and 86 CPC.
• Section 87A provides relevant definitions.
• Section 86 concerns restrictions on suits against foreign rulers and other protected foreign representatives.
• Section 87 concerns the style or designation of the ruler.

Important Questions to Prepare

1. What is the object of Section 87 CPC?
2. What is meant by the “style” of a ruler?
3. How is a foreign ruler designated as a party?
4. What is the procedural significance of Section 87?
5. Distinguish Section 86 and Section 87 CPC.
6. What is the relationship between Sections 87 and 87A CPC?
7. Does Section 87 determine whether a foreign ruler can sue?
8. Does Section 87 itself provide immunity from civil proceedings?

Key Legal Principles

1. Section 87 is procedural

It primarily concerns the manner in which a foreign ruler is described in civil proceedings.

2. Foreign ruler has a special status

The designation reflects the sovereign character of the foreign ruler.

3. It does not determine substantive rights

The provision does not decide whether the underlying claim is valid.

4. It must be read with related provisions

Sections 84–87A should be read together to understand the CPC framework concerning foreign States and rulers.

ALSO READ: Section 86 – Suits Against Foreign Rulers, Ambassadors and Envoys

Key Takeaways

Concept	Principle
Section	Section 87 CPC
Subject	Style of rulers as parties
Nature	Procedural
Main purpose	Proper designation of foreign rulers
Section 84	Foreign States may sue
Section 85	Persons appointed for foreign rulers
Section 86	Suits against foreign rulers and protected representatives
Section 87A	Definitions
Core concept	Style/designation of ruler

Conclusion

Section 87 CPC deals with the style of foreign rulers when they appear as parties in civil proceedings. It is primarily procedural and ensures that a foreign ruler is properly identified and designated in judicial proceedings.

The easiest way to remember the sequence is:

Section 84 → Foreign States may sue

Section 85 → Persons appointed for foreign rulers

Section 86 → Suits against foreign rulers, ambassadors and envoys

Section 87 → Style of rulers as parties

Section 87A → Definitions