ENACTMENT NO. 9 OF 1993
SYARIAH CIVIL PROCEDURE ENACTMENT 1993

PART XXII – EXECUTION BY OTHER COURTS



Section 173. Execution by other Courts.

(1) The Court may request any other Court of the judrisdiction or any other lower Courts to execute any judgment if it appears probable that the judgment will otherwise be unsatisfied.

(2) Such request may be made on the ground of convenience and economy, notwithstanding that the requesting Court could itself execute the judgment in the same manner and against the same property as the Court receiving the request.

(3) Where such a request is made, no proceedings under section 128 or Part XIX or XX shall be had in the requesting Court pending return to the request.

(4) The request shall be in the form provided and shall be accompanied by a certified copy of the judgment.

(5) The receiving Court shall file and enter the proceedings and may thereupon execute the judgment in all respects as if it had been given by the receiving Court, and may in like manner proceed thereon under section 128, Part XX and Part XXIII.

(6) The receiving Court shall itself deal with any proceedings of execution. For such purpose, the judgment shall have priority as of the date and time of entry of the proceedings in the receiving Court.

(7) The receiving Court shall be bound by any order of an appellate Court to the same extent as the requesting Court.

(8) Upon the conclusion of proceedings in the receiving Court, it shall send to the requesting Court a return on the request in the form provided and, where, necessary, a report setting out the result of any incidental proceedings.

(9) Thereafter, if the judgment is not satisfied, the requesting Court may issue a request to another Court, or for sufficient reason may issue a further request to the same Court, but so that no two requests shall be outstanding at the same time.




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