'File 18/55 I (C 101) Bahrain Order in Council' [‎11r] (30/477)

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Agent acting ia 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 final, 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 d6cision,
or from sending any party or witness, being a Mahommedan, to a Kazi ior the
administration of an oath.
46. —(l.) Where a Bahrein subject obtains, in a Court established under this Order,
a decree or order against a defendant being a British subject, (or forcigneiOand 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 application 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 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, without prejudice to the right of the British subject^or foreignei^to
obtain contribution from his co-defendants under the joint liability.
(8.) Where in a suit a Bahrein subject is co-plaintiff with a British subject for
4 f< reigner) who is in Bahrein, it shall not be necessary for the Bahrein suoject
to give security under this Article as regards fees and costs, unless the Court
so directs, but the co-plaintiff British subject,\or foreigner^shall be responsible for all
lees and costs.
47.—(1.) Every agreement for reference to arbitration between a person to * ^ fcTwt^
whom this Order applies on the one hand, and a Bahrein oubjeot on the other
hand, may, on the application of any party, be filed for execution in the office of the
Court.
(2.) The Court shall thereupon have authority to enforce the agreement, and the
award made thereunder, and to control and regulate the proceedings before and after
the award, in such manner and on such terms as the Court may think fit, in concert
with the Sheik4i or his representative.
V/v\
(c.) General.
48—(1.) Where it is proved that the attendance of a person to whom this Order
applies, to give evidence, or for any other purpose connected with the administration
of justice, is required before a Bahrein Tribunal, a Court established under this
Order mav, if it thinks fit, in a case and in circumstances in which the Court would
^ require the attendance of that person before the Court, order that he do attend as
' 1 (2.) If the person ordered to attend, having reasonable notice of the time and
place at which he is required to attend, fails to attend accoidingH and dots not
excuse his failure to the satisfaction of the Court, he shall, independently of any-
other liabilitv, be liable to be punished with imprisonment for a term which
mav extend to two months, or with fine which may extend to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. , or
t/
with both. . ■• * .. i
49. When a person to whom this Order applies invokes or submits to thi
iurisdiction of a Bahrein Tribunal, and engages in writing to abide by the decision of
^ that Tribunal or to pay any fees or expenses ordered by that Tribunal to be paid by
him the Court may, on such evidence as it thinks fit to require, enforce pa\inent of
such fees and expenses in the same manner as if they were fees payable in a proceeding
in the Court, and shall pay over and account for the same, when levied, to the proper
Bahrein authority, as the Court may direct.