Section 77. Trial or hearing. (ADMINISTRATION OF MUSLIM LAW

ENACTMENT No. 1 Of 1959
ADMINISTRATION OF MUSLIM LAW

PART III - RELIGIOUS COURTS-CONSTITUTION AND JURISDICTION

Section 77. Trial or hearing.

(1) If, at the time appointed for the hearing, the plaintiff does not appear, the proceedings may be struck out: if the plaintiff appears but the defendant does not appear, the plaintiff may prove his case and the Court may give judgment:

Provided that-

(a) in any such case the Court may in its discretion order an adjournmeny; and

(b)

the Court may deal with a counter-claim although the claim is struck out.

(2) If the defendant appears and admits the plaintiff's claim the Court may give judgment without hearing evidence.

(3) If the defendant desires to defend, the party against whom judgment would be given on the pleadings and admissions made, if no evidence were taken, shall have the right to begin:

(4) Each party may address the Court and may then give evidence and call his witnesses, 'who shall be examined and may be cross-examined, re-examined, questioned by the Court and recalled in like manner as provided in section 61 of this Enactment for criminal proceedings. After the conclusion of the evidence each part may sum up his case, but so that the party who began sha address the Court last.

(5) The Court may call any evidence which it considers necessary:

Provided that no party shall be obliged to give evidence against his will.

(6) Thereafter the Court shall give judgment in open Court, either at once or at a later time of which notice shall be given to the parties.