Who may sue and who may be sued under the Law of Torts | Legal Reasoning for CLAT PDF Download

Who can not Sue?

• Citizen of a foreign state – If a citizen of a foreign country wants to file a suit against a Bangladeshi or another citizen of a foreign country, he has to file an application to the Home Ministry through the Law Ministry (s. 83 of CPC)
• Alien enemy – Every person residing in a foreign country with the Government which is at war with, or engaged in military operations against Bangladesh and carrying on business without a license will be regarded as an alien enemy. Alien enemies residing in Bangladesh with the permission of the Government, and alien friends may sue. No alien enemy residing in Bangladesh without such permission or residing in a foreign country shall sue (s. 83 of CPC)
• Foreign state – A foreign state cannot sue unless it is recognized by the Government.
•  Bankrupt – The guiding law in this regard is the Bankruptcy Act, 1997. If a person is declared insolvent, his properties are taken over and a ‘receiver’ is appointed as the supervisor of that property. A bankrupt cannot sue as long as civil wrongs are concerned.
• Felons/Convicts – A felon is a person who has been proven guilty and declared with punishment but fled away. A convict is a person who has been proven guilty but has not fled away. A felon cannot file a suit. But a convict can file a suit.
• Corporation – A corporation gets a legal entity when it is registered. No unregistered corporation can file a suit.
• Child in mother’s womb – This is called ‘pre-natal injuries’.e.g. the plaintiff, a child, sued the railway company for damages on the ground that he had been born crippled and deformed because the injury was caused to it (before birth) by an accident due to railway’s negligence when the plaintiff’s pregnant mother traveled on the defendant’s railway. It was held that the defendants were not liable for two reasons. Firstly, the defendants did not owe any duty to the plaintiff as they did not know about his existence; secondly, the medical evidence to prove the plaintiff’s claim was very uncertain.    

Who may not be sued?

• President/head of the state – According to Articles 51(1) and 51(2) of the Constitution, no civil or criminal suit can be filed against the President as long he is holding the post of the President.
• Foreign sovereign – No suit can be filed against a foreign sovereign unless consent to the same is obtained from that sovereign (s. 86 & 87).
• Ambassador / High Commissioners – High Commission is an embassy from one commonwealth country to another.
• Public servants – The list of public servants are given in s. 21, 13 & 14 of the Penal Code, 1860. Also who are appointed through PSC are to be regarded as public servants. An application for consent from the Government is required before filing a suit against them.
• Corporation – Unless it is a registered corporation, a suit cannot be filed against it.
• Infant / Minor – According to the Penal Code, a minor is a child of 9 – 12 years. But the age of the minor varies in various Statues.
• Unsound mind – There is various Act for lunatics and unsound minds, e.g. the Lunacy Act, 1912.