SHAPOORJI PALLONJI AND COMPANY LIMITED Vs. QATAR AIRWAYS

JUDGEMENT

(1.) The Plaintiff has filed this Suit by invoking the provisions of Order 37 of the Code of Civil Procedure (CPC) against the Defendant and also filed Summons for Judgment, based upon the averments made in the Petition read with the documents as, according to the Plaintiff they are entitled for the decree/summons for judgment as there is no serious dispute with regard to the liability and the due amount.

(2.) The Defendant in reply, apart from resistance of the claim, has raised a preliminary objection. Therefore, on 15 December 2011, framed a preliminary issue, added by one more on 6 January 2012. Both are reproduced as under :

(3.) Section 86 of the Code of Civil Procedure (CPC) deals with the Suits against foreign Rulers, Ambassadors and Envoys. The relevant portion of the Section is as under :