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Citation: 1952 PLD 249
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: M. A. CHOWDHURY MD. AYUB SIDDIQUE vs MESSRS MITSUI O. S. K. LINES LTD. JUDGMENT
Case cited as PLD 1952 Lah. 249
Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar Title:M. A. CHOWDHURY MD. AYUB SIDDIQUE vs MESSRS MITSUI O. S. K. LINES LTD. JUDGMENT Reported As: PLD 1970 Supreme Court 373 Result: Appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These three appeals, which raise a common question of law relating to the validity of the exclusive jurisdiction clause in bills of ladings, have been heard together and will be disposed of by this judgment. The owners of the vessel and their local agents filed an application under Order VII, rule 10 of the Code of Civil Procedure, alleging that since the bill of lading provided that "any dispute arising under this bill of lading shall be governed by Japanese law except as may be otherwise provided herein and any such dispute shall be decided by Tokyo District Courts in Japan", the Courts at Chittagong had no jurisdiction to try the suit. On this application the learned Subordinate Judge, on the 25th of March 1967, ordered that the suit is not maintainable against the defendants Nos. 1 and 2, namely, the owner of the vessel and their local agents, but may proceed against the remaining defendants after the names of the above- mentioned defendants have been struck off within 90 days from the date. Failing that the plaint was directed to be returned to the filing Advocate for presentation to the proper Court. The appellant moved the High Court against this order under section 115 of the Code of Civil Procedure but a Division…
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