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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IV: Suits In Particular Cases

Section 87B CPC: Application of sections 85 and 86 to Rulers of former Indian States

Bare Act text

87B. Applications of sections 85 and 86 to Rulers of former Indian States.—[(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.]

(2) In this section—

(a) “former Indian State” means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section; * * *

[(b) “Commencement of the Constitution” means the 26th day of January, 1950; and

(c) “Ruler”, in relation to a former Indian State, has the same meaning as in article 363 of the Constitution. ]

Amendment notes

  1. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972).
  2. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972).
  3. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In a suit by or against the Ruler of a former Indian State, or any proceeding arising from it, based wholly or partly on a cause of action that arose before the Constitution commenced, section 85 and section 86(1) and (3) apply to that Ruler as they apply to the Ruler of a foreign State. A former Indian State means one specified by Central Government notification, and the commencement of the Constitution means 26 January 1950.

Part IV: Suits In Particular Cases

  1. 79 Suits by or against Government
  2. 80 Notice
  3. 81 Exemption from arrest and personal appearance
  4. 82 Execution of decree
  5. 83 When aliens may sue
  6. 84 When foreign States may sue
  7. 85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86 Suits against foreign Rulers, Ambassadors and Envoys
  9. 87 Style of foreign Rulers as parties to suits
  10. 87A Definitions of “foreign State” and “Rulers”
  11. 87B Application of sections 85 and 86 to Rulers of former Indian States
  12. 88 Where interpleader-suit may be instituted
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