Tort Noots of Sir,Lecture By M. Mujahid Rana (Advocate High Court)Class LLB Part 1 Q.9

“PERSONAL DISABILITIES TO SUE OR BE SUED”

1.  INTRODUCTION

            Law of tort prescribes the capacity to sue, liability to be sued and its limitations. There are certain persons or bodies who cannot sue, whist there are others who can not be sued in tort.

2.  GENERAL RULE

             As a general rule all persons who suffer a tort can sue. Similarly all people who commit a tort would be liable and can be sued in tort.

3.  BASIS OF GENERAL RULE

                                   The general rule that all persons have capacity to sue and be sued in tort is based on the principle of equality of law.

 

4.  EXCEPTIONS

        

              1. PERSONAL WHO CAN NOT SUE

(i)     Alien Enemy

                                   An Alien enemy in a state is a person whose state or sovereign is at war with that state. An alien enemy cannot sue in British courts unless he is with in the British dominion by the license of the Queen. In Pakistan an alien enemy can, however, sue by the permission of the central government. Under civil procedure code.

Ø Illustration

                           An Indian citizen can not file suit in Pakistan for enforcement of his fundamental right.

(ii)  Minor

                                Minor cannot sue for injuries suffered by him while he is in the womb of his mother in the English law.

                                    

(iii) Convict

                                 A convict is a person against whom judgment of death or penal servitude has been pronounced on any charge of treason or felony.

(iv) Husband and Wife

               A married woman can not sue for any tort committed by a third person unless her husband joins her as plaintiff. Now with the change in law by law reform Act 1962 husband and wife can sue each another.

(v)  Bankrupts

                A bankrupt is similar under a disability to sue for wrongs in respect of his property for in bankrupts all his property vests in a trustee. But in case of personal wrongs e.g. assault, defamation, the right to sue is not taken away.

(vi) Foreign State

                                         A foreign state cannot sue in any court unless such state has been recognized by her majesty. In Pakistan u/s 84 of Civil Procedure Code a foreign state may sue on any court in Pakistan provided that such state has been recognized by the central government.

(vii) Unincorporated Association

                 Unincorporated association cannot sue in its name. So the companies which are not registered under companies’ ordinance 1984 pr firms which are not registered under companies’ ordinance 1984 or firms which are not registered under the partnership Act 1932 cannot sue.