Application of sections 85 and 86 to Rulers of former Indian States
Section 87B of the Code of Civil Procedure, 1908 deals with application of sections 85 and 86 to Rulers of former Indian States. 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 The Act came into force on 01 Jan 1909.
1[(I) 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; 2 ***
3[(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.]
Section 87B, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In Narottam Kishore Deb Varman v. Union of India, reported in (1964) 7 SCR 55 , a five-Judge Bench of this Court was called upon to decide a batch of petitions challenging the validity of Section 87B of the Code of Civil Procedure, 1908. The said section required that before a suit could be filed against a former ruler of a Princely State, prior sanction of the Union Government had to be obtained. This Court, relying upon its previous decision, stopped short from holding the provision as unconstitutional. …
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… In Narottam Kishore Deb Varman v. Union of India, reported in (1964) 7 SCR 55 , a five-Judge Bench of this Court was called upon to decide a batch of petitions challenging the validity of Section 87B of the Code of Civil Procedure, 1908. The said section required that before a suit could be filed against a former ruler of a Princely State, prior sanction of the Union Government had to be obtained. This Court, relying upon its previous decision, stopped short from holding the provision as unconstitutional. …
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… In Narottam Kishore Deb Varman v. Union of India, reported in (1964) 7 SCR 55 , a five-Judge Bench of this Court was called upon to decide a batch of petitions challenging the validity of Section 87B of the Code of Civil Procedure, 1908. The said section required that before a suit could be filed against a former ruler of a Princely State, prior sanction of the Union Government had to be obtained. This Court, relying upon its previous decision, stopped short from holding the provision as unconstitutional. …
Questions about Section 87B
What does Section 87B of the Code of Civil Procedure deal with?
Section 87B of the Code of Civil Procedure is headed "Application of sections 85 and 86 to Rulers of former Indian States". 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
How do I find court cases under Section 87B of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 87B, section 87B CPC, section 87B of the Code of Civil Procedure. People searching for it also type 87b cpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 87B of the Code of Civil Procedure, and has it changed?
Its own text turns on section 85 (Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers), section 86 (Suits against foreign Rulers, Ambassadors and Envoys), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 87B of the Code of Civil Procedure come into force?
Section 87B of the Code of Civil Procedure, cited as CPC 87B, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
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- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.