Section 5: Jurisdiction in personam of Courts in collision and other similar cases

5. Jurisdiction in personam of Courts in collision and other similar cases.___ (1) No Court shall entertain an action in personam to enforce a claim to which this section applies unless___ (a) the defendant has his ordinary residence or a place of business within Pakistan; or (b) the cause of action arose within the internal or territorial waters of Pakistan ; or (c) an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court. (2) No court shall entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Pakistan against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end. (3) The preceding provisions of this section shall apply to counter-claims, not being counter-claims in proceedings arising out of the same incident or series of incidents, as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counter-claim and the defendant to the counter-claim. (4) The preceding provisions of, this sections shall not apply to any action or counter-claim if the defendant thereto submits or has agreed to submit to the jurisdiction of the Court. (5) Subject to the provisions of sub-section (2), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in clauses (a) to (c) of sub-section (1) are satisfied. (6) The claims to which this section applies are claims for damage, loss of life or personal injury caused by ships or arising out of collision between ships or out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships or out of non-compliance, on the part of one or more of two or more ships, with the regulations made under section 214 of the Merchant Shipping Act, 1923 (XXI of 1923).

Effective date: 1980-01-01

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