Section 87 — Style of foreign Rulers as parties to suits
When a foreign Ruler is a party, what name goes on the record? Section 87 answers: he sues and is sued in the name of his State, not in his personal name. The only variation is by direction of the Central Government when it grants consent under § 86.
How to read Section 87
The default style
A foreign Ruler appears on the record in the name of his State — the State is the named party, not the Ruler personally.
Both sides
It runs both ways — he may sue and shall be sued in that name, whether he is plaintiff or defendant.
The proviso
When giving consent under § 86, the Central Government may direct that the Ruler be sued in the name of an agent — or any other name.
The bare Act
The Ruler of a foreign State may sue, and shall be sued, in the name of his State:
Section 87 was substituted by Act 2 of 1951, s. 12 (w.e.f. 1-4-1951), with §§ 83–86 — the post-Constitution recast of the foreign-State provisions. “Ruler” and “foreign State” are defined in § 87A; consent to sue a foreign Ruler is governed by § 86.
Key terms decoded
The name or description under which a party appears on the record of a suit — what § 87 fixes for a foreign Ruler.
The default: the suit runs as “[the foreign State]” — the State, not the Ruler as an individual, is the party named.
The rule covers both roles — the Ruler as plaintiff (“may sue”) and as defendant (“shall be sued”).
The Central Government’s written consent that § 86 requires before a foreign State / Ruler may be sued. § 87’s proviso operates when that consent is given.
An alternative style the Government may direct — the Ruler sued through a named agent rather than in the State’s name.
A residual power: the direction may fix any other name in which the Ruler is to be sued.
The picture — whose name goes on the record
By default the foreign State’s name carries the suit. Only the Central Government — and only when it grants § 86 consent — can redirect the style to an agent’s or any other name.
Section 87, part by part
Connected provisions
Section 87 rounds off Part IV’s foreign-sovereigns group (§§ 83–87B): a foreign State suing (§ 84), its appointed agents (§ 85), suits against it (§ 86), the style in which a Ruler is named (§ 87), the definitions (§ 87A), and § 87B applying §§ 85–86 to Rulers of former Indian States.