The plaintiff sought to implead Order Shipping Inc (the shipowner) as the second defendant in its suit. The plaintiff had invoked the admiralty jurisdiction of the Court against the first defendant vessel by way of an action in rem.

The shipowner contended that the plaintiff had already invoked the jurisdiction of the Court by bringing an action in rem against the vessel. The plaintiff could not join an action in personam in the same proceedings against the owner. If the plaintiff wanted to implead the proposed defendant in an action in personam, the plaintiff could withdraw its suit against the ship and proceed against the owner, and the security furnished on behalf of the defendant vessel would be discharged. The shipowner's further contention was that the two actions, namely the action in rem and the action in personam, could not be joined together, except as provided for in s 5 of the Admiralty Jurisdiction of High Courts Ordinance 1980 (the Ordinance). Section 5 of the Ordinance provides as follows:

5. Jurisdiction in personam of Courts in collision and other similar cases -

(1) No Court shall entertain an action in personam to enforce a claim to which this section applies unless -

(a) the defendant has his ordinary residence or a place of business within Pakistan; or
(b) the cause of action arose within the internal or territorial waters of Pakistan; or
(c) an action arising out of the same incident or series of incidents is proceeding in the Court or has been heard and determined in the Court.

(2) No Court shall entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any Court outside Pakistan against the same defendant in respect of the same incident or series of incidents have been discontinues or otherwise come to an end. ...

(6) The claims to which this section applies are claims for damage, loss of life or personal injury caused by ships or arising out of collision between ships or out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships or out of non-compliance, on the part of one or more of two or more ships, with the regulations made under section 214 of the Merchant Shipping Act, 1923 (XXI of 1923).

Held: Application dismissed.

None of the conditions enumerated in s 5(1) of the Ordinance are available, which has also been conceded by the plaintiff's counsel. An action in personam could not have been brought in Pakistan in respect of damage, loss of life, or personal injury as a result of the collision. On this plea the shipowner cannot be joined as a party.