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13 March 1955


General List No. 32


international Court of Justice


Right of Passage over Indian Territory








BEFORE: President: Green H. Hackworth
Citation: Right of Passage over Indian Territory, Portugal v. India, Order, 1955 I.C.J. 4 (Mar. 13)
Represented By: Portugal: M. F. Quartin de Oliveira Bastos;
India: Shri B. K. Kapur.


The International Court of Justice,

having regard to Articles 40 and 48 of the Statute of the Court,

having regard to Articles 32 and 37 of the Rules of Court,

Makes the following Order :

Whereas, on December 22nd, 1955, the Portuguese Minister to the Netherlands deposited in the Registry an Application of the same date, instituting proceedings on behalf of Portugal against the Republic of India in the matter of a right of passage claimed by the first-mentioned State over Indian territory ;

Whereas the Application refers to Article 36, paragraph 2, of the Statute and to the acceptance of the compulsory jurisdiction of the Court by the Portuguese Republic and by the Republic of India ;

Whereas the Application notifies the appointment of M. F. Quartin de Oliveira Bastos, Portuguese Minister to the Netherlands, as Agent for the Government of Portugal;

Whereas, by a letter dated January 12th, 1956, the Minister of External Affairs of India acknowledged receipt of the Application and, by a subsequent letter dated February 3rd, 1956, notified [p5] the appointment of Shri B. K. Kapur, Ambassador of India to the Netherlands, as Agent for the Government of India ;

The Court,

After ascertaining the views of the Parties,

Fixes as follows the time-limits for the filing of pleadings :

for the Memorial of the Government of the Republic of Portugal June 15th, 1956 ;

for the Counter-Memorial of the Government of the Republic of India December 15th, 1956 ;
And reserves the rest of the procedure for further decision.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this thirteenth day of March, one thousand nine hundred and fifty-six, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Portuguese Republic and to the Government of the Republic of India, respectively.

(Signed) Green H. Hackworth,

(Signed) J. Lopez Olivan,