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3. Mr.D.S.Narula, learned senior counsel for the respondent concedes that the suit could not be held to be barred by res-judicata, for the reason, no court of competent jurisdiction had, in a previous proceeding, decided upon the issue. But, learned counsel urges that the plaint is liable to be returned, with a direction that the same could be filed in the appropriate Court at Netherland.

4. The letter of appointment dated March 9, 1987, under which appellant was employed by the Royal Netherland's Embassy clearly records that the contract of employment is governed as per the Foreign Service Regulations 1951 (Staatsblad Bulletin of Acts, Orders and Decrees) 74, 1970. The letter of appointment clearly says that the articles of the civil code specified therein would be applicable to the contract to the extent they do not conflict with any mandatory provision of a local law in India. The contract between the parties is governed by the substantive law of Netherland subject to such part of the law which conflicts with the local law not being applicable. The procedure applicable for dispute resolution is the civil law in Netherland.