Bailabel Type : bailable

Description

Section 87 of the Code of Civil Procedure (CPC) addresses the style in which foreign rulers, states, or their representatives are to be named when they are involved in legal proceedings in Indian courts. This provision ensures that when a foreign ruler or state is a party to a lawsuit, they are properly recognized in a way that aligns with their diplomatic or sovereign status.

Key Provisions of Section 87:

1. Naming Foreign Rulers in Legal Documents:

   • When a foreign ruler or state is a party to a suit, the style or official designation used in the legal documents (like the plaint or written statement) should reflect the appropriate diplomatic or sovereign recognition of that entity.
   • The section specifies that when a foreign ruler or state is a party to a legal action, they should be represented in the official documents using their official title, not just a generic term. This means that their proper title, such as "The King of [Country]" or "The Government of [Country]," should be used.

2. Representation of Foreign Sovereigns:

   • The foreign ruler or government must be represented in the same manner as any other sovereign state would be in an Indian court. This aligns with international law, which recognizes that foreign states or rulers must be afforded a certain level of respect and recognition in legal matters.
   • For example, if a lawsuit is brought against the King of Bhutan, the style of the party should read something like: "The King of Bhutan" rather than just "Bhutan" or simply "King."

3. In Case of Foreign Ambassadors or Envoys:

   • When foreign ambassadors or envoys are involved in a suit, their official titles should also be used. If they represent a foreign government in an official capacity, they are to be named appropriately, for example, "The Ambassador of the Republic of France to India."

4. Consistency with Diplomatic Practices:

   • The style of foreign rulers or states is meant to be consistent with diplomatic protocols. This ensures that the court respects the sovereign status of foreign rulers and their representatives.
   • It acknowledges that foreign states and rulers are subject to diplomatic immunities and should be properly recognized when engaged in litigation.

5. Respect for International Law:

   • The use of correct titles for foreign rulers or governments is in keeping with the principle of sovereign immunity in international law, which prevents a foreign sovereign from being sued in the courts of another country without its consent, except in specific circumstances. The formal style used in the legal documents reflects the recognition of these immunities.

6. Formalities in Documentation:

   • The Indian courts require that foreign rulers or states be properly named, and this also extends to the representation of legal action. Whether a foreign government is suing or being sued, the official status of the entity should be clearly stated.

Punishment

Section 87 primarily deals with the proper style in which foreign rulers or states are represented in legal proceedings. There are no direct criminal punishments for violating the provisions of this section. However, certain consequences may arise if this formal requirement is ignored:

1. Dismissal of Suit:

   • If the correct style of the party is not used when filing the suit, the court may deem the filing improper or incomplete and dismiss the suit. The court will require the proper designation to be used before proceeding with the case.

2. Costs for Incorrect Representation:

   • If an error is made in the naming or representation of the foreign ruler or state, the party responsible for the error could be asked to pay the legal costs associated with correcting the mistake. This includes court fees and potentially the costs incurred by the opposing party due to the filing error.

3. Legal Repercussions in International Relations:

   • While there are no direct criminal penalties, failing to use the appropriate title for a foreign ruler or state could result in diplomatic disagreements. Such a failure could be seen as disrespectful to the sovereign state, potentially damaging India's relations with the foreign country involved.

4. Misrepresentation Charges:

   • If a foreign entity is misrepresented by not using the correct style, it may be deemed as misrepresentation in the eyes of the court, potentially leading to a case dismissal and a delay in the legal process. In certain circumstances, this could amount to a breach of legal protocol.