Section 74. Defence. (ADMINISTRATION OF MUSLIM LAW

ENACTMENT No. 1 Of 1959
ADMINISTRATION OF MUSLIM LAW

PART III - RELIGIOUS COURTS-CONSTITUTION AND JURISDICTION

Section 74. Defence.

(1) any defendant may file a written defence, and shall in such event hand to the Court a copy thereof for each plaintiff, which the Court shall cause to be served.

(2) If a defendant has not, at the time of his first appearance, filed a defence and does no desire to do so, but intends to defend the action, the Cour shall ascertain orally the grounds of his defence, and he shall not thereafter raise other grounds of defence without leave of the Court.

(3) If the defendant desires to file a defence, the Court shall fix a time within which he shall do so, which shall ordinarily be not less than seven days prior to the trial or hearing.

(4) If the defendant wishes to raise matters by way of counterclaim, the Court may either permit him to do so, or direct him to file separate proceedings.