Page 46 - Records of Bahrain (3) (ii)_Neat

462 Records of Bahrain

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(2) Tho judgment of tho Joint Court or of tho Majli.s-ol-Urf shall for
nil purposos bo considered the same ns if it wore that of the District Court.
(3j An apponl from tho decision of the Salifah Court shall lie to tho
Political Agent acting in concert with tho Sheikh of Bahroin, and in all
Salifah eases their joint decision shall ho final.
(4) Tho award of tho Arbitrator undor suh-Articlo 1 (c) shall bo final, and
shnll not ho opon to appeal unless tho samo shall within a rcnsonablo timo
havo boon ordered by tho Political Agont to ho sot nsido on tho ground that
it is not finnl or is defective, or that tho Arbitrator has oxceodcd his authority,
or has been guilty of misconduct in tho mattor.
(5) Nothing heroin montioued shall prevent tho District Court, tho Joint
Court, tho Majlis-cl-Urf, tho Salifah Court, or tho Arbitrator from roforring
any mattor in tho progress of a suit which involves a point of Mnhommodan
law to u Knzi for docision, or from sending any party or witness, being a
Mahommedan, to a Kazi for tho administration of an oath.
46.— (1) VVlicro a Bahroin subject obtains, in a Court established under
this Ordor, a decree or order against a defendant being a British subject, or
foreigner, and in anothor suit that defendant is plaintiff and tho Bahrein subject
is- defendant, tho Court may, if it thinks fit, on the application of tho British
subject, or foreigner, slay tho enforcement of the decree or order pending that
other suit, and may sot off' any amount decreed or ordorod to bo paid by ouo
party in one suit against any amount decreed or ordered to bo paid by tho
other party in tho other suit.
(2) Wlicro a plaintiff', being a Bahrein subjoct, obtains a docroo or ordor,
in a Court established undor this Order, against two or moro defendants, being
British subjects, or foreigners, jointly, and iu anothor suit ono of them is a
plaintiff' and the Bahroin subject is defendant, tho Court may, if it thinks
lit, on tho application of tho British subjects, or foreigners, stay the enforcement
of tho docrco or order ponding that other suit, and may sot off' any amount
decreed or ordored to bo paid by ono party in ono suit against any amount
deercod or ordered*to bo paid by tho other party in the other suit, without
prejudice to tho right of tho British subject or foreigner to obtain contribution
from his co-defendants under tho joint liability.
(3) Wlicro in a suit a Bahrein subjoct is co-plaintiff* with a British subject
or foreigner who is in Bahrein, it shall not bo necessary for the Bahrein subjoct
to givo security undor this Article ns regards fees and costs, unless tho Court
so directs, but tho co-plaintiff British subject, or foreigner, shall bo responsible
for all fees and costs.
47.—(i) Every agreement for reference to arbitration between a porson
to whom this Order applies on tho ono hand, and a Bahroin subject on tho
other hand, may, on the application of any party, bo filed for execution in tho
office of tho Court.