4.
| (1) The Court shall not entertain an action in personam to enforce a claim to which this section applies unless -
| | (a) the defendant has his habitual residence or a place of business within Sri Lanka ; or | | |
| | (b) the cause of action arose within the territorial waters of Sri Lanka or within the limits of a port of Sri Lanka; 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 by the Court. | | |
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| (2) The Court shall not 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 Sri Lanka against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end. |
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| (3) The preceding provisions of this section shall apply- to counter-claims (not being counter-claims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, the references to plaintiff and the defendant being for this purpose read as references to the plaintiff on the counter-claim and the defendant on the counter-claim respectively. |
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| (4) The preceding provisions of this section shall not apply to any action or counter-claim if the defendant thereto submits or has agreed to submit to the jurisdiction of the Court. |
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| (5) Subject to the provisions of subsection (2) the Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies wherever any of the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are satisfied. |
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| (6) This section applies to any claim for damage, loss of life or personal injury arising out of -
| | (a) a collision between ships; or | | |
| | (b) the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or | | |
| | (c) non-compliance, on the part of one or more of two or more ships, with the collision regulations. | | |
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Sri Lanka Consolidated Acts