Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎34v] (74/476)

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grounds for complaint exist, shall cause the matter to be brought before and
decided by the highest authority of the Sheikh, or some person specially
delegated by him for the purpose. The proceedings and final decision in a
case shall not, however, be considered legal unless notice has been given and
an opportunity afforded for the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. or Officer appointed by him
for the purpose to attend at the hearing and final decision.
(b) Civil
54. —(1) When any Kuwait subject desires to bring a suit against a person
to whom this Order applies, the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall ac X the
plaint, and may (a) hear and determine the suit in his Court, or (b) with the
consent of the several parties, may refer the case to one or more arbitrators
for settlement:
(2) Provided that a Kuwait subject to whom this Order does not apply
shall, if required by the Court, first obtain and file in the proper Office of the
Court the consent, in writing, of the competent authority on behalf of the
Sheikh, to his submitting, and that he shall submit by writing to the jurisdic
tion of the Court, and, if required by the Court, give security to the satisfaction
of the Court, and to such reasonable amount as the Court thinks fit, by deposit
or otherwise, to pay fees, costs, and damages, and abide by and perform the
decision to be given by the Court or on appeal.
(3) The award of the Arbitrator under sub-paragraph 1 (b) of this Article
shall be final, and shall not be open to appeal unless such award shall within
a reasonable time have been ordered by the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. to be
set aside on the ground that it is not final, or is defective, or that the Arbitrator
has exceeded his authority, or has been guilty of misconduct in the matter.
(4) A cross suit shall not be brought in the Court against a plaintiff, being
a person not subject to this Order, unless the first two conditions of sub-
Article (2) above are fulfilled.
(5) When a person to whom this Order applies desires to institute a suit
against a person not subject to the said Order, the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
shall admit the same and after satisfying himself that pn'ma facie grounds for
bringing a suit exist, shall cause the matter to be brought before and decided
by the highest authority of the Sheikh, or some person specially delegated by
him for the purpose. The proceedings and final decision in a case shall not,
however, be considered legal unless notice has been given and an opportunity
afforded for the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , or Officer appointed by him for the purpose,
to attend at the hearing and final decision.
(6) Nothing herein mentioned shall prevent the Court from referring any
matter in the progress of a suit which involves a point of Muhammadan law
to a Qazi for decision, or from sending any party or witness, being a
Muhammadan, to a Qazi for the administration of an oath.
55. —(1) Where a person to whom this Order does not apply obtains, in
a Court established under this Order, a decree or order against a defendant,
being a person subject to this Order, and in another suit that defendant
is plaintiff and the person to whom this Order does not apply is defendant
the Court may, if it thinks fit, on the application of the person subject
to this Order, stay the enforcement of the decree or order pending that
other suit, and may set off any amount decreed or ordered to be paid by
one party in one suit against any amount decreed or ordered to be paid by
the other party in the other suit.
(2) Where a plaintiff, being a person to whom this Order does not apply,
obtains a decree or order, in a Court established under this Order, against
two or more defendants being persons subject to this Order jointly, and in