Law: Civil Procedure Code (V of 1908)

Section: 20,21,22,O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)--- ----Ss. 20, 21, 22 & O.XXXIX, Rr. 1 & 2---Bills of Lading Act (IX of 1856), Preamble---Interim injunction grant of---Jurisdiction of foreign Court---Contract of carriage---Procedure---Defendants sought stay of suit on the ground that they intended to invoke choice of foreign forum of jurisdiction as available in contract---Validity---plaintiff as consignee was not bound by Contract of Carriage as evidenced by bills of Lading---Such conclusion was contrary to what had been provided in Bills of Lading Act, 1856 and was most advantageous for consignees in Pakistan---Consignee was bound by totality of contract and jurisdiction clause was part thereof which was binding as well---Contract of Carriage was governed by English Law, it was obvious that High Court in England would be better placed to deal with e.g. questions of law and same was so notwithstanding similarity and connection between English law and Pakistan law especially in shipping matters and relative familiarity of Pakistan lawyers with English law---Dispute between parties should have been proceeded in England and not in Pakistan---Plaint could not be returned in cases involving foreign jurisdiction clause, proper course was to stay proceedings if court concluded that matter ought to proceed in foreign jurisdiction---Suit was stayed in circumstances. M.A. Chowdhury v. Mitsui O.S.K. Lines Ltd. PLD 1970 SC 373 and The Eleftheria [1969] 2 All ER 641 fol. CGM (Compagnie General Maritime) v. Hussain Akbar 2002 CLD 1528; Light Industries (Pvt) Ltd. v.Zsk Stickmaschinen GmbH and another 2007 CLD 1324 and Light Industries (Pvt) Ltd. v. Zsk Stickmaschinen GmbH and another 2009 CLD 1340 ref. THIS ORDER PASSED BY: MUNIB AKHTAR, JUSTICE:---.--- The two applications, filed by the defendants, that fall for determination relate to a foreign choice of forum or jurisdiction clause set out, in identical terms, in certain bills of lading. Both applications, in effect, ask for the same relief; that these proceedings should come to an end, either (as prayed in C.M.A. 151/2012) by a stay of the suit or (as prayed in C.M.A. 152/2012) by a return of the plaint. The bills of lading…

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