CONFIDENTIAL
134435
MDLIAN 3000
A FOREIGN
4. UNDER SECTION 13 OF THE CODE OF CIVIL PROCEDURE, JUDGEMENT SHALL BE CONCLUSIVE AS TO ANY MATTER THEREBY DIRECTLY ADJUDICATED UPON BETWEEN THE SAME PARTIES OR BETWEEN PARTIES UNDER WHOM THEY OR ANY OF THEM CLAIM LITIGATING UNDER THE SAME TITLE EXCEPT:-
(A) WHERE IT HAS NOT BEEN PRONOUNCED BY A COURT OF COMPETENT JURISDICTION:
(B)
WHERE IS HAS NOT BEEN GIVEN ON THE MERITS OF THE CASE:
(C) WHERE IT APPEARS ON THE FACE OF THE PROCEEDINGS TO BE FOUNDED ON AN INCORRECT VIEW OF INTERNATIONAL LAW OR A REFUSAL TO RECOGNISE THE LAW OF PAKISTAN IN CASES IN WHICH SUCH LAW IS APPLICABLE:
(D) WHERE THE PROCEEDINGS IN WHICH THE JUDGEMENT WAS OBTAINED ARE OPPOSED TO NATURAL JUSTICE:
(E) WHERE IT HAS BEEN OBTAINED BY FRAUD:
(F)
WHERE IT SUSTAINS A CLAIM FOUNDED ON A BREACH OF ANY LAW IN FORCE IN PAKISTAN.
THUS UNDER THIS PARAGRAPH ALTHOUGH AUTHORITY TO EXECUTE IS NOT REPEAT NOT GIVEN, PARTIES MAY APPLY TO A PAKISTAN COURT TO FILE A SUIT UNDER THIS SECTION OF THE CODE.
5.
IF AS SEEMS PROBABLE HONG KONG IS NOT A RECIPROCATING TERRITORY WITHIN THE MEANING OF SECTION 44A OF THE PAKISTAN CODE OF CIVIL PROCEDURE, WE WOULD NOT ENVISAGE POLITICAL DIFFICULTIES IF PAKISTAN WERE DELETED FROM THE SCHEDULE REFERRED TO IN PARA 1 OF TUR. ALTHOUGH WE ARE NOT FAMILIAR WITH HONG KONG LAW WE ASSUME THERE MAY BE A SPECIAL TYPE OF ARRANGEMENT, DESCRIBED IN SECTION 13 OF THE PAKISTAN CODE, TO WHICH PAKISTANI PARTIES WOULD HAVE ACCESS TO PURSUE SUITS IN HONG KONG.
BARRINGTON
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