Section 87 CPC: Style of foreign Rulers as parties to suits

Section 87 of Code of Civil Procedure: Style of foreign Rulers as parties to suits

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Ruler of a foreign State may sue, and shall be sued, in the name of his State.

Section 87 dictates that a Ruler of a foreign State may sue, and shall be sued, in the name of his State.

Styling of Foreign Sovereigns: The Ruler of a foreign State may sue, and shall be sued, in the name of his State.
Institutional State Name Mandate: Bar on suing individual monarchs or heads of state by personal name; action must be framed against the State entity (e.g., 'State of Kuwait', 'Kingdom of Saudi Arabia').
Separation of Sovereign Persona: Ensures institutional state continuity in international litigation.

Key Landmark Precedents:

Mirza Ali Akbar Kashani v. United Arab Republic, AIR 1966 SC 230: The Supreme Court affirmed that Section 87 requires foreign sovereigns to be sued strictly in the name of the State, reflecting public international law standards.
Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: Affirmed that naming the State entity is an indispensable requirement under Section 87.

Courtroom Practice & Strategic Litigation Guidance:

In suits where Section 86 consent is granted, style the defendant as 'The State of [Country Name]' in compliance with Section 87.