Parties in Torts: Capacity to Sue and be Sued
Parties in Torts: Capacity to Sue and Be Sued
1. Introduction
In tort law, not everyone can sue or be sued. There are certain legal requirements about capacity — the ability or legal competence — to be a party in a tort action.
Capacity to sue: The legal ability of a person or entity to file a suit.
Capacity to be sued: The legal ability to be sued and held liable.
2. Who Can Be a Party in a Tort Suit?
Generally:
A natural person (individual human being) who is of sound mind and majority age can sue or be sued.
A juristic person or legal entity (such as a company, firm, government body) can also sue or be sued.
3. Capacity to Sue
Capacity to sue means a person has the legal right to initiate a lawsuit.
Adults of sound mind have full capacity.
Minors, persons of unsound mind, and certain other classes have limited or no capacity.
4. Capacity to Be Sued
A person or entity must be capable of being held liable to suit.
This includes natural persons and entities like companies and governments.
5. Specific Categories
A. Natural Persons
Adults (majority age, usually 18 years or 21 years depending on law): Full capacity.
Minors (below majority age): Generally lack capacity to sue, but can sue through a guardian or next friend.
Persons of Unsound Mind: Cannot sue personally but can sue through a guardian appointed by the court.
Capacity to be sued applies to all natural persons regardless of age or mental capacity, but minor or mentally incapacitated defendants may require representation.
B. Artificial Persons (Legal Entities)
Companies: Incorporated companies have capacity to sue and be sued through their authorized representatives.
Partnership Firms: Cannot sue or be sued in their own name but partners can sue or be sued individually or on behalf of the firm.
Government and Public Bodies: Can sue or be sued in their official capacity.
Trusts and Associations: Depending on registration and recognition, they may sue or be sued.
6. Legal Provisions and Principles
Indian Majority Act, 1875: Defines majority age.
Indian Contract Act, 1872: Capacity for contract also affects tort actions based on breach of duty.
Guardian and Wards Act, 1890: Appointment of guardians for minors and persons of unsound mind.
7. Important Case Laws
a) Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, AIR 1989 SC 1480
The Supreme Court observed that capacity to sue or be sued depends on legal status.
The case highlighted that companies, though artificial persons, can sue/be sued through representatives.
b) K.K Verma v. Union of India, AIR 1973 SC 1193
The Court held that minors cannot sue or be sued in their own name.
Any suit involving a minor must be filed through a guardian.
c) Sunder Lal v. Union of India, AIR 1961 SC 416
The Court recognized that a person of unsound mind has no capacity to sue.
But a guardian appointed by the court can sue on his behalf.
d) M.C. Chockalingam v. M.C. Muthamma, AIR 1957 SC 628
Government bodies or public authorities can be sued or sue in their official capacity.
The decision clarified the capacity of public authorities in tort claims.
8. Exceptions and Special Cases
Statutory Exceptions: Certain statutes specify who can sue or be sued regardless of general rules.
Joint Tortfeasors: Multiple defendants can be sued together.
Deceased Persons: No capacity to sue or be sued after death; however, legal representatives may continue suits or be sued.
Infants and Lunatics: Suits must be instituted by next friend or guardian.
9. Summary Table
| Category | Capacity to Sue | Capacity to Be Sued |
|---|---|---|
| Adult (sound mind) | Full capacity | Full capacity |
| Minor | Through guardian/next friend | Can be sued; guardian may defend |
| Unsound mind | Through court-appointed guardian | Can be sued; guardian may defend |
| Company/Corporation | Through authorized representative | Yes, through authorized representative |
| Partnership Firm | Partners sue/sued on firm's behalf | Partners sued individually or jointly |
| Government/Public Body | Yes, in official capacity | Yes, in official capacity |
| Trusts/Associations | Depends on registration and recognition | Depends on registration and recognition |
10. Practical Importance
Ensures fairness: protects vulnerable persons who cannot manage suits on their own.
Ensures proper legal representation.
Defines who can be held liable in torts.
Provides certainty in legal proceedings.
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