Coll 30/36 'Bahrain: claim of Yusuf Lutfali Khunji a Persian subject against Shaikh Hamad in respect of an ice factory' [‎144v] (288/340)

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Order applies desires to .bring a suit against a Bahrein subject,
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 complaint, and
(a) With the concurrence of the Sheikh of Bahrein, may hear
and determine the suit in his District Court, or
(b) May hear and determine it in a Joint Court, or
(r) May refer it to the Majlis-el-Urf for decision, or
(d) In cases between pearling-masters and divers, may refer
it to the Salifah Court, or • 0 t
(e) With the consent of the several parties, may refer the case *
to one or more Arbitrators for settlement.
(2) The judgment of the Joint Court or of the Majlis-el-Urf
shall for all purposes be considered the same as il it were that
of the District Court.
(3) An appeal from the decision of the Salifah Court shall lie
to 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. acting in concert with the Sheikh of
Bahrein, and in all Salifah cases their joint decision shall be final.
(4) The award of the Arbitrator under sub-Article 1 (e) shall
be fmal, and shall not be open to appeal unless the same shall
within a reasonable time have been ordered by 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.
(5) Nothing herein mentioned shall prevent the District Court,
the Joint Court, the Majlis-el-Urf, the Salifah Court, or the
Arbitrator from referring any matter in the progress of a suit
which involves a point of Mahommedan law to a Kazi for
decision, or from sending any party or witness, being a
Mahommedan, to a Kazi for the administration of an oath.
46—(1) Where a Bahrein subject obtains, in a Court estab
lished under this Order, a decree or order against a defendant
being a British subject, or foreigner, and in another suit that
defendant is plaintiff and the Bahrein subject is defendant, the
Court may, if it thinks fit, on the application of the British
subject, or foreigner, 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 Bahrein subject, obtains a decree
or order, in a Court established under this Order, against two or
more defendants, being British subjects, or foreigners, jointly,
and in another suit one of them is a plaintiff and the Bahrein
subject is defendant, the Court may, if it thinks fit, on the appli
cation of the British subjects, or foreigners, stay the enforcement
of the decree or order pending that other suit, and may set off
any amount decreed or ordered to he paid by one party in one
suit against any amount decreed or ordered to be paid by the other
party in the other suit, without prejudice to the right of the
British subject or foreigner to obtain contributions from his co
defendants under the joint liability.
(3) Where in a suit a Bahrein subject is co-plaintiff with a
British subject or foreigner who is in Bahrein, it shall not be