ENACTMENT NO. 4 OF 2001
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
THIRD SCHEDULE
(Section 2)
FORM MS 1
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 4)
GENERAL TITLE
IN THE SYARIAH SUBORDINATE/HIGH COURT AT …………………………. IN THE STATE OF ………………………………………….
(1) …………………………… No. ……………………………… of 20………………..
(2) ……………………………………………………… 
(3) ……………………………………………………… 
Notes:
(1) Nature of proceedings (e.g. Summons; Application; etc.)
(2) Name; if under disability or in representative capacity, give particulars of representation.
Example:
(a) A.B. administrator of C.D. deceased;
(b) A.B. an infant, by C.D. his guardian ad litem.
FORM MS 2
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Paragraph 8 (a))
SUMMONS
(General Title)
To ……………………… (the abovenamed defendant) of ……………………………….
You are hereby summoned to appear either in person or by your Peguam Syarie before the Syariah …………………… Court at …………………. on ………………….. the day of ……………………. 20………… at ………….. a.m./p.m., to answer a claim against you by the abovenamed plaintiff, particulars whereof are set out in the statement of claim endorsed hereon.
Take notice that in default of attending the Court on the day and time appointed, the Court may proceed to hear and determine the case in your absence.
And take notice that if you wish to defend the claim against you, you must file in this Court and serve on the plaintiff a defence in the prescribed from before the abovementioned date or appear in Court before the date.
Dated the ……………… day of …………….. 20 ……
(Seal)
………………….
Judge/Registrar
(Endorsement on back of above)
STATEMENT OF CLAIM
(In numbered paragraphs)
To ……………………… the abovenamed defendant residing at ………………………
Dated the ………………… day of ……………. 20………..
……………………………………………….
Plaintiff (or Peguam Syarie for the Plaintiff)
FORM MS 3
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 13 (2))
APPLICATION
(General Title)
To……………………………………………………… (the abovenamed defendant) of ……………………………………….
Take notice that………………………………………………………….. the above named
applicant will apply to the Syariah………………………………………………… Court at
……………………………… on……………………….. the ………………………... day
of …………………………. 20………… at………………………. a.m./p.m. for an order that (1) …………………………………………… on the grounds set out in the affidavit annexed.
………………………………………………….
Applicant (or Peguam Syarie for the Applicant)
Note:
The nature of the order applied for shall be stated with precision. Different matters arising in the same proceedings may be dealt with in the same application.
FORM MS 4
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 32 (2))
APPLICATION FOR LEAVE TO SUE/DEFEND AS A POOR PERSON
(General Title)
I …………………………………………. Make oath and say-
1. I reside at …………………………………………………………… and am a ………………………………………….. (State Occupation)
*2. (1) I have a just claim against …………………………………………….. of …………………………………………………………. for (here state concisely the claim and cause of action and all the material facts of the case).
(2) I desire to bring an action against the said …………………….. but am unable to pay the Court fees therefore because (state the reason why applicant is unable to pay the Court fees).
*3. (1) I am a defendant in this action and have a good defence to this action on the following grounds (state concisely the grounds of defence).
[I have a just counterclaim against the plaintiff for (state concisely the counterclaim and all material facts relating thereto)].
(2) I am unable to pay the Court fees for may defence (or counterclaim) because (state the reason why applicant is unable to pay the Court fees).
4. I apply for leave to *sue the said ……………………../defend (and bring a counterclaim in) this section as a poor person.
Sworn at ………………………)
This ……..day of …….. 20 …..)………………………….
Signature of applicant
Before me,………………………….
Judge/Registrar
Order,
Leave to sue/defend (and to bring counterclaim) as a poor person 
this ……… day of …………. 20……..
…………………..
Judge
* Delete where not applicable.
FORM MS 5
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 34 (2))
MEMORANDUM OF APPOINTMENT OF PEGUAM SYARIE
(General Title)
I ………………………………………. the abovenamed plaintiff (or defendant) N.R.I.C.
No. ……………………………..…. of ………………………………..…. hereby appoint
…………………………………… of Messrs ………………………… to represent me
and to act on my behalf in this case and to appear in the proceedings relating to it.
Dated the ………….day of ……………. 20……..
……………………….
Plaintiff (or Defendant)
I ……………………………………… hereby accepts the aforesaid appointment.
Dated the ……………….. day of …………………..20……..
…………………….
Peguam Syarie
Before me,
……………………….
Judge/Registrar
This memorandum is filed by Messrs ………………………………… on behalf of the
plaintiff (or defendant) of ………………………
FORM MS 6
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 36 (1))
NOTICE OF CHANGE OF PEGUAM SYARIE
(General Title)
To the Registrar,
Take notice that I ………………………………………………. the above named plaintiff (or defendant) of ……………………..…………………………….has appointed ……………………………………………. (Name of new Peguam Syarie)
To act on may behalf in his proceedings in place of ……………………………………… (Name of former Peguam Syarie)
The address for service of the above named (name of new Peguam Syarie) is ………………………………………………
Dated the ………. day of …………. 20……
…………………………….
Plaintiff (or Defendant)
To the defendant (or plaintiff) or his Peguam Syarie and to (naming the former Peguam Syarie for the plaintiff (or defendant)).
FORM MS 7
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 37)
NOTICE OF DISCHARGE OF PEGUAM SYARIE
(General Title)
To the Registrar,
Take notice that I …………………………… the above named plaintiff (or defendant)
has discharged my Peguam Syarie (name of Peguam Syarie) …………………………….
who has been appointed to act as the Peguam Syarie for the plaintiff (or defendant) in this
proceedings.
Dated the …………………day of…………… 20…….
……………………….
Plaintiff (or Defendant)
To the defendant (or plaintiff) or his Peguam Syarie.
FORM MS 8
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 38)
NOTICE OF WITHDRAWAL OF PEGUAM SYARIE
(General Title)
To the Registrar,
Take notice that I ……………………………………………. Peguam Syarie for the plaintiff (or defendant) hereby withdraw and cease to be Peguam Syarie acting for the said plaintiff (or defendant) in the abovementioned proceedings.
Dated the ………….. day of ………… 20……….
…………………….
Peguam Syarie
This notice is taken out by …………………………………….. (Name of Peguam Syarie)
of ……………….…………………………………………….. Peguam Syarie for the
……………………………………………….
To the plaintiff (or defendant) or his Peguam Syarie.
FORM MS 9
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 57 (1))
NOTICE BY CLAIMANT OF PROPERTY TAKEN IN EXECUTION
(General Title)
Take notice that I …………………………………….of ………………………………….
Claim the following property that has been taken in execution in this action at (state
address) on the ……………………….. day of ………………………. 20…………..
(State the money, goods or other movable property claimed and the grounds for the
claim).
Dated the ………………………….. day of ………….. 20 …………
………………….
Claimant
My address for service is ……………………………………………
To the bailiff and the execution creditor (or Peguam Syarie for the execution creditor).
FORM MS 10
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 57 (2))
NOTICE BY BAILIFF OF PROPERTY TAKEN IN EXECUTION
(General Title)
Take notice that ………………………………… of ………………………………. has
Claimed the following property (specify the property claimed) …………………………
Taken in execution by me under the order of seizure and sale issued in this action.
If within four days after receiving this notice, you give notice to me that you admit the
Claim of the said ………………………………………… to the said property or request
me to withdraw from possession on Form MS 11 you will not be liable for any costs
incurred after the receipt by me of your notice.
Dated the ………..day of ………………. 20……..
………………
Bailiff
To the execution creditor (or Peguam Syarie for the execution creditor).
FORM MS 11
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 57 (2))
NOTICE BY EXECUTION CREDITOR OF PROPERTY TAKEN IN EXECUTION
(General Title)
Take notice that I admit (or dispute) the claim of …………………………………………
to the property seized by you (or I request you to withdraw from possession) under the
order of seizure and sale issued in this action.
Dated the ………….day of ……………. 20……
………………………………….
Execution Creditor
(or Peguam Syarie for the Execution Creditor)
FORM MS 12
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 58 (1))
APPLICATION FOR AN INTER PLEADER SUMMONS BY BAILIFF
(General Title)
1. On the …………. day of …………….. 20………, …………………….. gave me notice that he claimed the following property (specify the property claimed) taken by me in execution under the order of seizure and sale issued in this action.
2. On the ………… day of ………20……., I notified the execution creditor of the said claim. He does not admit the claim and has not requested me to withdraw from possession of the property claimed.
3. I value the property claimed at approximately RM………………. I claim no interest in the subject matter in dispute other than for commission fees and expenses of execution.
I do not in any manner collude with any of the parties herein.
I apply for an interpleader summons to be issued.
Dated the ……………day of …………. 20………
…………………
Bailiff
Interpleader Summons to issue returnable the …………day of ………20…….. at
………………….a.m./p.m.
…………………
Registrar
FORM MS 13
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 58 (1))
APPLICATION FOR APPEAL BY PERSON UNDER LIABILITY
(Affidavit in Support)
I ……………………………………….. of ………………………………. (if in an
action, the abovenamed defendant) make oath and say as follows:
1. (If in an action). This action is brought to recover (state what) claimed by the plaintiff but I have received a claim adverse to that of the plaintiff from ………………….. of ………………………………………………. (or, if no action), I have received adverse claims from ……………………………. of ……………….. and ………………….. of……………………. to (state what) which is of the approximate value of RM…………
I expect to be sued on these claims by the said claimants.
2. I claim no interest in the subject matter in dispute (other than the sum of RM …………………. for costs or charges) (or as the case may be). I do not in any manner collude with either (or any) of the said claimants.
3. I am ready and willing to bring into Court or to pay or dispose of the subject matter in dispute in such manner as the Court may direct.
Sworn (as in Form MS 26).
FORM MS 14
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 59 (2))
INTERPLEADER SUMMONS
(General Title)
(a) To Execution Creditor
To………………………………………………….. of……………………………………
Whereas the above claimant has made a claim to certain property taken in execution under process issued out of this Court at your instance:
You are hereby summoned to appear before the Syariah ………………………… Court at ………………… on ………… the ………………. day of ……………….. 20……… at ………a.m./p.m. when the said claim will be adjudicated upon and such order made thereon as the Court shall think just.
Dated the …………… day of…………… 20………
(Seal)
Entered No. …………………………… of 20………
Clerk
…………………..
Registrar
(b) The Claimant
To ……………………………………………….. of………………………………..
You are hereby summoned to appear before the Syariah ………………………. Court at …………………………. On……………….the ……………day of…………….. 20………. At……………… a.m. /p.m. to support a claim made by you to…………….. certain property taken in execution under process issued out of this Court at the instance of the execution creditor and in default of you then establishing such claim the said property will be dealt with under the said process as property of the execution debtor.
Dated the ………………….. day of ………… 20…………(Seal)
Entered No. ……………………. of 20……….
Clerk
……………………..
Registrar
FORM MS 15
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 62 (3))
JUDGMENT (OR ORDER) ON INTERPLEADER SUMMONS
(General Title)
Upon this Interpleader Summon (or Summons) coming up for hearing before the Honourable …………………………… on …………….. the …………………. Day of ………………………… 20………. And upon hearing the evidence adduced and what was alleged by the parties (or their Peguam Syarie).
(Insert the appropriate Operative Part).
(Operative Parts)
(a) Under Execution
It is adjudged touching the claim of ……………………………………………………….. to (specify the property) (or to the proceeds of sale) (or value) of (specify the property) taken in execution under process issued out
of this Court at the instance of ………………………………. execution creditor, that the said (specify the property) (or proceeds of sale) (or value) (or part of the said property) (or proceeds of sale) (or value) namely (specify same) is/are (not) the property of the claimant.
And it is order that the said …………………………. do pay to said …………………….. the sum of RM…………………….. for costs (and the sum RM…………………….) for extra expenses of execution and keeping possession occasioned by the claim.
(Insert direction as to disposal of any money in Court).
(b) In a pending action
It is this day adjudged touching the claims of the plaintiff and the claimant to ………………………. (part of) the subject matter of this action that the claim of the plaintiff (or claimant) is valid and that the claimant (or plaintiff) has no claim thereto.
(And it is further adjudged that the plaintiff (or claimant) do recover against the defendant the sum or RM………………… for debt and RM………………….. for costs amounting together to the sum of RM………………………..)
(And it is ordered-here insert any order for delivery of the property).
And it further adjudged that the plaintiff (or claimant) do recover the sum or RM……………… from the claimant (or plaintiff) for costs …………….. (add if any costs awarded to the defendant against the plaintiff or claimant)
And it is further adjudged that the defendant do recover the sum of RM………….. from the claimant (or plaintiff) for costs ……………………. (add if any costs awarded to the defendant against the plaintiff or claimant).
And it is further adjudged that the defendant do recover the sum of RM……………….. for costs from the plaintiff (or claimant).
(If the claimant fails to appear and an order is made barring his claim, proceed as follows:
And the claimant …………………………….. not appearing, it is declared that the said ……………………… and all persons claiming under him be forever barred as against the plaintiff and all persons claiming under him).
(c) In any other case
It is this day adjudged (here set out the judgment determining the claim as between the applicant and any claimant who appears or, if all the claimants appear, the judgment determining the rights and claims of all parties and any order as to payment, or delivery of the property and costs)
………………………………………………………………………………..
(If any claimant fails to appear and an order is made barring his claim proceed as follows:
And the claimant …………………………….. not appearing, it is declared that the said …………………………….. and all persons claiming under him be forever barred as against ………………………………. the applicant and all persons claiming under him).
(Testimonium)
Dated the ……………day of ……………. 20……..
(Seal)
…………………….
Registrar
FORMS MS 16
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 64 (3))
DEFENCE
(General Title)
(Set out in numbered paragraphs the admissions or denials of the material allegations in the statement of claim, each allegation being, so far as convenient, contained in a separate paragraph, e.g.)
1. The defendant admits that ………………………………. as alleged in paragraph ………………………… of the statement of claim but denies that ……………………….
2. As to paragraph ……………………………..of the statement of claim the defendant says that ………………………………..
3. Further or in the alternative the defendant says that …………………………………….
4. If (Which is denied) the plaintiff ……………………………….. the defendant says that ……………………………………..
5. Except hereinbefore expressly admitted the defendant denies each and every allegation of fact contained in paragraph ………………………..…………. (paragraphs …………………… to …………………….of) the statement of claim as if the same were set forth herein and specifically traversed.
COUNTERCLAIM
1. The defendant repeats paragraph …………………………. and claims RM…………… being the balance of the amount due as aforesaid deducting the plaintiff’s claims.
Dated the …………….. day of …………. 20………
……………………………………..
Defendant (or Peguam Syarie for the Defendant)
FORM MS 17
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 92 (1))
NOTICE OF HEARING OF ACTION TRANSFERRED FROM SYARIAH HIGH COURT TO SYARIAH SUBORDINATE COURT
(General Title)
Take notice that Syariah High Court Summons/Application No. ………….. of 20……..
has been transferred to this Court and numbered as Summons/Application No.
…………….. of 20……… and that are required to attend the Syariah Subordinate Court
at ……………. On…………. The …………day of ………..20…….. at ………
a.m./p.m. for such directions as to further conduct of the proceedings.
Date the …………….. day of………… 20………..
……………………..
Registrar of the Syariah High Court
To:
Each party (or Peguam Syarie for each party).
The Registrar,
Syariah Subordinate Court.
FORM MS 18
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 93)
NOTICE OF TRANSFER OF ACTION TO SYARIAH HIGH COURT FROM SYARIAH SUBORDINATE COURT
(General Title)
Take notice that this action has been transferred to Syariah High Court pursuant to an order of that Court.
Dated the ……………… day of ………….. 20……..
……………………………….
Registrar of the Syariah Subordinate Court
To:
Every party (or Peguam Syarie for each party).
The Registrar,
Syariah High Court.
FORM MS 19
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 95 (1))
NOTICE OF DISCONTINUANCE
(General Title)
Take notice that the plaintiff wholly (or specify the part) discontinues this action against the defendant.
Dated the ……………. day of ………… 20…….
………………………………….
Plaintiff (or Peguam Syarie for the Plaintiff)
To:
(1) The Registrar.
(2) The defendant or Peguam Syarie for the defendant.
FORM MS 20
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 102 (1))
REQUEST FOR ISSUE OF SUBPOENA
(General Title)
To the Registrar,
Syariah …………………….. Court.
Please issue a subpoena to the witness whose name and particulars are as follows:
Witness’ s name in full : ………………………..
N.R.I.C. No. : ………………………..
Occupation : ………………………...
Address : …………………………
For the purpose *of giving evidence/producing document/or giving evidence and introducing document.
The witness is required to produce the following documents:
………………………………………………………….
Dated the …………….. day of ………. 20……..
…………………………….
Plaintiff/Defendant
(or Peguam Syarie for the Plaintiff/Defendant)
*Delete where not applicable.
FORM MS 21
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 102 (3))
SUBPOENA TO GIVE EVIDENCE
(General Title)
To ……………………………………………… of ……………………………………..
You are hereby summoned to attend before the Syariah …………………… Court at
………………………. on …………….. the ………….day of ………………… 20……
at ……… a.m./p.m. and so from day to day until the end of the above proceedings, to
give evidence on behalf of the ……………………….. in the said proceedings.
Dated the …………… day of ………. 20…….
Entered No. ……………………. of 20……….
Clerk
(Seal)
…………………
Registrar
FORM MS 22
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 102 (3))
SUBPOENA TO PRODUCE DOCUMENT
(General Title)
To………………………………………………. of …………………………………
You are hereby summoned to attend either in person or by an agent before the Syariah
………………………. Court at …………….. at………………… the…………. day of
…………………………. 20………. At …………a.m/p.m. and so from day to day until
the end of the above proceedings to produce the following documents:
………………………………………………………………….
………………………………………………………………….
on behalf of the ……………………….. in the said proceedings.
Dated the ……………. Day of ………….. 20……
Entered No. ……………….. of 20 ……………
Clerk
(Seal)
……………………………
Registrar
FORM MS 23
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 102 (3))
SUBPOENA TO GIVE EVIDENCE AND PR0DUCE DOCUMENTS
(General Title)
To ………………………………………………… of …………………………….
You are hereby summoned to attend in person before the Syariah ………… Court at
………………………… on …………….. the ……………. Day of ………….. 20………
at ………….a.m/p.m. and so from day to day until the end of the above proceedings to
give evidence and produce the following documents:
………………………………………. on behalf of the ………………………………….
in the said proceedings.
Dated the ………………. Day of ……………. 20…….
Entered No. …………………….. of 20 ………
Clerk
(Seal)
……………….
Registrar
FORM MS 24
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 109 (1))
AFFIDAVIT FOR AN ORDER FOR THE PRODUCTION OF A PERSON IN PRISON
(General Title)
To ………………………………………. of ……………………………………...
Make oath and say as follows:
1. That the above action is fixed for hearing in the Syariah ………………. Court at …………………………….. on ………………. the …………… day of ………………… 20…………. and that …………….. now a prisoner confined in the prison/place of detention at ………………. will be a material witness for me at the hearing (or is party to the action).
2. That I am advised and verily believe that I cannot safely proceed to the hearing of this action without the evidence of the said …………………………… (or may evidence).
3. I hereby apply for an order under section 30 of the Prison Act 1995 that he said ……………………. may be brought before the Court.
4. I hereby undertake to pay the costs of conveyance of the said …………………………. In safe custody to and from the Court and of maintenance of him and the officers in charge of him while attending the Court.
Sworn (as in Form MS 26).
FORM MS 25
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 109 (3))
ORDER TO PROCDUCE PERSON IN PRISON
(General Title)
To the officer in charge of the …………………………………………………………….
You are hereby required upon tender made to you of a reasonable sum for the conveyance and maintenance of a proper officer and of ………………………… now a prisoner in the …………………………….. in going to, remaining at and returning from the Syariah …………………………….. Court at ………………………….. to bring the said ………………………….. before the Syariah ………………………. Court on …………………………….. the …………….. day of ……………….. 20 …….. at ………. a.m/p.m. there to give testimony on behalf of ……………………………..and after the said …………………………….. shall have given his testimony before the Court and the Court shall have dispensed with his further attendance you are required to cause him to be conveyed under safe and sure conduct back to the said …………………………………………………………….
Dated the …………. day of ………….. 20 ……
(Seal)
……………………
Registrar
FORM MS 26
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 113 (1))
FORM OF AFFIDAVIT
(General Title)
I (name, address and description of deponent) make oath and say as follows:
(State the facts to be deposed in numbered paragraph in the affidavit).
1. …………………………………………………………..
2. …………………………………………………………..
3. …………………………………………………………..
4. …………………………………………………………..
| Sworn on the …………….. day of ……..20….) |  |
| at ……………………………………………...) | …………………
Signature |
| by …………………………………………… | |
Before me,
…………………………..
Judge/Registrar
FORM MS 27
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 114 (2))
IDENTIFICATION OF EXHIBIT
(General Title)
This is the exhibit marked “ ……………………………………..”, referred to in the affidavit of ………………………………….. sworn before me this ………….. day of …………………. 20……..
…………………….
Judge/Registrar
FORM MS 28
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 135 (3))
ORDER /JUDGMENT
(General Title)
(STATE TYPE ORDER/JUDGMENT)
Dated the ………………day of ………… 20…….
…………………..
Judge/ Registrar
ENDORSEMENT
Take notice that, if you neglect to obey this order (or judgment), by the time limited therein, or within four days of the service of this order on you, whichever be the later, you will be guilty of contempt of court and will be liable to be committed to prison.
…………………….
Judge/Registrar
FORM MS 29
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 139 (2))
NOTICE OF APPEAL
(General Title)
Take notice that ………………………………….. the abovenamed plaintiff (or defendant) being dissatisfied with the decision of the Syariah …………………. Court at ………………….. given on the …………… day of …………… 20……… appeals to the Syariah ……………….. Court against the whole of the said decision (or such part of the said decision) as decides that,
(set out details)
Dated the …………………day of ………….. 20………
…………………………………………….
Appelant (or Peguam Syarie for Appellant)
To:
The Registrar of Syariah ……………………………………….. Court and to:
FORM MS 30
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 139 (6))
NOTICE THAT CERTIFIED COPIES OF NOTES OF EVIDENCE AND JUDGMENT ARE READY
(General Title)
Take notice that the certified copies of notes of evidence and judgment are ready and that a sum of RM……………….. is liable to be paid by you as to the costs of preparing the certified copies.
To:
………………………………………..
………………………………………..
Dated the ………………. Day of …………. 20 …………
…………………….
Judge/Registrar
FORM MS 31
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 140)
NOTICE OF COUNTER APPEAL
(General Title)
Take notice that, on the hearing of the above appeal, the respondent abovenamed will contend that the decision of the Syariah ……………………. Court given on the ………………………………… day of ………………. 20……….ought to be varied on the following grounds:
(Set out in numbered paragraphs
(a) the nature of the relied claimed; and/or
(b) the grounds relied upon).
Dated the …………………. day of …………. 20 ……….
To the Registrar and the appellant.
………………………………………
Respondent (or Peguam Syarie for the Respondent)
FORM MS 32
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 143 (2))
NOTICE THAT APPEAL RECORD IS READY
(General Title)
Take notice that the appeal record in the abovementioned proceedings is ready and a sum of RM ………………. is liable to be paid by you for the cost of preparing such record.
To:
Dated the ……………..day of …………. 20………..
……………………….
Judge/Registrar
FORM MS 33
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 151 (4))
REQUEST FOR ORDER OF DELIVERY OF MOVABLE PROPERTY
(General Title)
To the Registrar,
………………………………….
Please issue order of delivery against ……………………………………… (name of defendant) of ……………………………….. for the delivery of ………………………… (described the movable property) under the judgment dated the ……………day ………… 20………. which has not been delivered to the plaintiff by the defendant in accordance with the said judgment.
The sealed copy of the judgment is attached.
Dated the ………….. day of ………….. 20……..
………………………………………
Plaintiff (or Peguam Syarie for thePlaintiff)
This application is filed by the plaintiff (or Peguam Syarie for the Plaintiff) whose address for service is …………………………………………….
FORM MS 34
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 152 (3))
APPLICATION TO FIX TIME
(General Title)
To …………………………………….. defendant (or Peguam Syarie for the dependant).
Take notice that …………………………………………………… the abovenamed applicant intends to apply to the Syariah ………………….. Court at……………… on ……………………. the ……………. day of …………………. 20 …… at ………… a.m./p.m. for an order to fix time for ………………………………………………….. as ordered by the Syariah ………………….. Court in the order dated the …………… day of …………… 20……..
2. The application is supported by an affidavit as annexed.
Dated the …………. day of ………. 20…..
……………………………………..
Applicant (or Peguam Syarie for the Applicant)
This application is filed by the applicant (or Peguam Syarie for the Applicant) whose address for service is ………………………
FORM MS 35
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 155)
ORDER FOR EXECUTION
(General Title)
To the Bailiff,
Upon the application of the judgment creditor, you are hereby ordered to execute the judgment dated the ……………… day of ………. 20 …….. obtained by the judgment creditor against the judgment debtor for which the particulars are as follow:
Amount of judgment ……………………………
Costs …………………………………………….
Costs of this order ………………………………
Amount to be paid ………………………………
And you shall execute the said judgment by any of the following methods:
(1) ………………………………………………
(2) ………………………………………………
(3) ………………………………………………
and that after paying the prescribed fees and the expenses of execution (including costs of request for leave of execution and costs of execution), to bring into Court any money levied and to forthwith return this order to the Court.
Dated the ………………… day of …………….. 20……..
…………………..
Registrar
FORM MS 36
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subparagraph 160 (a) (ii))
ORDER FOR EXECUTION BY SEIZURE AND SALE (ATTACHMENT OF SHARES, ETC.)
(General Title)
To………………………………………(judgment debtor) of …………………………….
Pursuant to the order for execution made against you in these proceedings on the ………. day of …………… 20….. in respect of the sum of RM ………………. then due, it is hereby ordered that the *shares/stocks/debentures/bonds specified in the Schedule hereto and standing in your name be and are hereby attached and taken in execution of the said order.
And take notice that the authority, corporation, officer or person having charge of the register is hereby prohibited from allowing any transfer of the said *shares/stocks/debentures/bonds without the leave of the Court and is hereby required to pay all interests or dividends due thereon into Court to the credit of these proceedings until further order of the Court.
SCHEDULE
…………………………
Judge/Registrar
* Delete where not applicable.
FORM MS 37
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Paragraph 161 (2) (a))
HIWALAH NOTICE
(General Title)
Upon the execution order dated the ……….. day of …………. 20……..
It is ordered that all debts due or accruing due from the abovenamed muhal’alaih to the abovenamed judgment debtor (in the sum of RM…………..) be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the Syariah ……………. Court on the …………………..day of ……….. 20……. ordering payment by the said judgment debtor to the abovenamed judgment creditor of the sum) of RM………. (debt and RM……………..costs) (together with the costs of the hiwalah proceedings) on which judgment (or order) the sum of RM………… remains due and unpaid.
Take notice also that all transactions to dispose or discharge made after the service of this notice are invalid and you are liable to damages and cost to the judgment creditor.
If you dispute your liability under this notice, you shall within seven days from the date of service of this notice, file a notice of objection of liability herein to the Court.
Dated the ………………… day of ……. 20……..
(Seal)
………………………
Judge/Registrar
To the abovenamed muhal’alaih and judgment debtor.
Notice of Objection
Take notice that I, ……………………………… the abovenamed muhal ‘alaih hereby object to the liability imposed upon me by this notice on the following grounds:
……………………………….
Muhal ‘alaih
(or Peguam Syarie for the muhal ‘alaih)
This notice is filed by the muhal ‘alaih (or Peguam Syarie for the muhal ‘alaih) whose address for service for service is ………………………………………………..
FORM MS 38
SYARIAH COURT PROCEDURE (TERENGGANU) ENACTMENT 2001
(Paragraph 161 (2) (a))
HIWALAH NOTICE (PROPERTY IN COURT)
(General Title)
Order for execution dated the ……………… day of …………… 20……………
To:
The Judge/Registrar
The Syariah ………… Court.
Whereas it is stated by the judgment creditor that a sum of RM…………….. stands in the Syariah ………………….. Court at ………………….. to the credit of the judgment debtor, in proceedings ………………………………
I forward herewith a copy of the order for execution above referred to and request that you will remit to this Court any money, which otherwise would be or become payable to the said judgment debtor out of the said Court by virtue of the said proceedings, up to, but not exceeding, such amount as is referred to in the said order of execution as being due to the judgment creditor.
Dated the …………………..day of ………… 20………….
…………………………….
Judge/Registrar
FORM MS 39
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Paragraph 161 (2) (d))
HIWALAH SUMMONS
(General Title)
Order for execution dated the ………… day of ………… 20 ………..
Hiwalah Notice dated the …………….. day of ……………. 20 ………..
To …………………………………. Of …………………muhal ‘alaih.
You are hereby summoned to appear the abovenamed Court on ………… the ………… day of …………….. 20 …….. at ……. a.m./p.m. to be examined as to any property of he judgment debtor (name) ……………….. which may be, or may, since the service of the hiwalah notice on you, have been in your possession, custody or control and as to any debts due or accruing due from you to the said judgment debtor, and to bring with you all books and other documents relating thereto in your possession, custody or control.
Take notice that, in default of such appearance, an order may be made against you in your absence.
Dated the ……………. day of ……………… 20……
(Seal)
………………………….
Judge/Registrar
FORM MS 40
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 169 (1))
RETURN TO ORDER FOR EXECUTION
(General Title)
Order for execution dated the …………….. day of …………… 20 …………..
Method of execution: (1)
Levy paid by execution debtor ……………… RM …………………..
Particulars of property seized: (2)
Property sold on the ………… day of ………… 20 ……. by …………. for RM ………..
Expenses of execution: (3)
Paid into Court:
to credit of judgment creditor ………………………………………………….
RM ………………………………… (4) ……………………………….
do ………………………………………………………..
do ………………………………………………………..
do …………………………………………………………
Dated the ………………. day of …………. 20……….
……………………..
Bailiff
Notes:
(1) The method shall be one or more of those referred to in the order.
(2) State in detail, identifying an inventory, if necessary.
(3) State in detail.
(4) Give particulars of any payments to the credit of other judgment creditors for whom the bailiff holds orders for execution.
FORM MS 41
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 174)
NOTICE OF SALE
(General Title)
Notice is hereby given that the property seized at …………………………….. on the ………………………….. day of ……………… 20 ………. under order of seizure and sale No. …………… of 20 ……….. will be sold by public auction on the ……………….
day of ……………. 20……. at……… a.m./p.m. unless the amount to be levied and the fees and expenses of execution be sooner paid.
Dated the ……………. day of …………… 20………
…………………….
Bailiff
FORM MS 42
SYARIAH CIVIL COURT PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 176 (2))
REQUEST FOR JUDGMENT DEBTOR SUMMONS
(General Title)
To the Registrar,
Please issue a Judgment Debtor Summons against (name and description of judgment debtor) of (address of judgment debtor) in respect of the judgment (or order) herein dated the …………….. day of ………… 20 ……..which remains unsatisfied to the extent of RM……………..
A sealed copy of the judgment is attached hereto.
Dated the …………….. day of ……….. 20 ……….
………………………………………
Judgment Creditor
(or Peguam Syarie for the Judgment Creditor)
My address of service is ……………………………………………………..
FORM MS 43
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 177 (1))
(1) JUDGMENT DEBTOR SUMMONS
(General Title)
To ……………………………………………….. of ………………………………….. the abovenamed judgment debtor.
You are hereby summoned to appear before the Syariah ……………………….Court at ………………………………… on …………………. the ……………day of ………… 20……… at ………… a.m./p.m. then and there to be examined respecting your ability to satisfy the judgment recovered against you in the above action on the …………………… day of ………………………. 20 ……… for RM …………………. and RM …………... costs upon which judgment the sum of RM ………………… is still due.
Take notice that if you do not so appear an order for your arrest may be issued or an order for payment made against you in your absence.
Dated the ……………day of ……………….. 20……..
Entered No. ……………………… of 20 ……………..
Clerk
(Seal)
………………………..
Judge/Registrar
(2) JUDGMENT DEBTOR SUMMONS AGAINST OFFICER OF CORPORATION
To ……………………………………………………. of ………………………………. (an officer) of the abovenamed defendant corporation.
You are hereby summoned to appear before the Syariah ………………………….. Court at …………………………. on……………………. the ………………… day of ………………………. 20 ………….. at ……….. a.m. /p.m. to be examined defendant corporation to satisfy the judgment (or order) recovered (or made) against the said corporation in the above action on the ………………… day of …………………… 20 ……………….. for RM ……………….. and RM……………. costs upon which judgment (or order) the sum of RM ……………… is still due.
Take notice that if you do not so appear an order for your arrest may be issued.
Dated the ………………… day of ………………. 20 ………
Entered No. ………………………. of 20 ………
Clerk
(Seal)
…………………………….
Judge/Registrar
FORM MS 44
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 179 (2))
APPLICATION FOR JUDGEMENT NOTICE
I …………………………………………….. of …………………………………….. the abovenamed plaintiff (or defendant) and judgment creditor apply for a judgment notice to be issued against the judgment debtor to show cause why he should not be committed to prison for default in payment.
(Particulars of judgment and judgment debtor)
(a) Full name and address of judgment debtor.
(b) Date and particulars of the order for payment in respect of which default has been made.
(c) The total amount which has been paid since the date of such order.
(d) The sum of instalment in respet of which default has been made.
(e) The date on which the sum or instalment ought to have been paid according to the order.
(f) The debtor’s occupation, circumstances and means of payment as far as they are known to the applicant.
Dated the ………………….. day of …………. 20 ………
…………………………..
Plaintiff (or as may be)
AFFIDAVIT IN SUPPORT
I, …………………………………. the abovenamed judgment creditor make oath and say:
That the particulars stated above are to the best of may knowledge and belief in all respects true.
Sworn (as in Form 26).
FORM MS 45
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 180)
JUDGMENT NOTICE
(General Title)
To the judgment debtor,
Take notice that you are required to attend the Syariah ……………………… Court at ……………………… on ……………….. the …………………. day of ……………… 20 ……………… at ………… a.m./p.m. to show cause why you should not be committed to prison for having disobeyed the order of the Court dated the …………. day of ……………… 20………, that is to say, in having made default in payment of the ……………………….. instalment due thereunder (or state the order disobey or not complied with).
Dated the …………. day of ………… 20 ………
Entered No. ………………. of 20 ……..
Clerk
(Seal)
…………………..
Registrar
FORM MS 46
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Section 182)
ORDER OF COMMITTAL
(General Title)
To the Bailiff,
Whereas an order was made by the Court on the …………………….. day of ………… 20 ……………… whereby it was ordered that …………………. the abovenamed judgment debtor pay the judgment debt and costs by instalments of RM ………………… a month.
And whereas he has made default in the payment of instalment amounting to RM ………………………..
You are hereby commanded to arrest the said ………………………. and to deliver him to the officer in charge of the ……………………. Prison there to be kept for the term of ……………………….. days from the arrest under this order or until earlier payment of the instalment due amounting to RM …………………
Dated the ……………… day of ………… 20 ……
Entered No. …………………. of 20 …………
Clerk
(Seal)
……………………….
Registrar
FORM MS 47
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 184 (1))
CERTIFICATE OF SATISFACTION
(General Title)
I ……………………………………. of ……………………………. being the judgment creditor, hereby certify that the judgment debt in respect of which the judgment debtor ………………………… is imprisoned has been satisfied and I request that the said …………………….. be discharged from detention.
Dated the ……………day of ……………… 20 …………..
………………………………
Judgment Creditor
(or Peguam Syarie for Judgment Creditor)
To the officer in charge of the ……………………….. Prison.
This certificate is sufficient authority for the discharge of the judgment debtor from detention under the Order of Commitment No. ………………… of 19 ………. issued in respect of non-payment of the judgment debt.
Dated the ………………. Day of ……… 20 ……
(Seal)
…………………….
Registrar
FORM MS 48
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 184 (3))
ORDER OF DISCHARGE
(General Title)
To the officer in charge of the ………………………………………. Prison.
Whereas it has been shown to be satisfaction of the Court that the judgment debtor has satisfied the judgment debt in respect of which he is imprisoned under an Order of Commitment No. …………………. of 20 …………… dated the day of ……………… 20 ………….. in the above action.
You are hereby directed to discharge from your custody the said judgment debtor for which this Order shall be your sufficient authority.
Dated the ………………… day of ……………… 20 ………..
(Seal)
……………………..
Registrar
FORM MS 49
SYARIAH CIVIL COURT PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 187 (1))
INTERLOCUTORY APPLICATION
(General Title)
Take notice that the abovenamed plaintiff intends to apply to the Syariah …………….. Court at …………………… on …………… the …………. day of …………. 20 ……… on ……………….. the ……………. Day of …………… 20 ………….. at ………….. a.m./p.m. for an order that (state nature of application).
2. The grounds of the application are:
| 1. | )
) | |
| 2. | )
) | (State the grounds) |
| 3. | ) | |
Dated the ………………. day of ………………. 20 ……………
Entered No. ………………………… of 20 ……………
Clerk
(Seal)
……………………
Registrar
This action is taken out by the plaintiff (or defendant) of (state address)
FORM MS 50
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001
(Subsection 197 (2))
APPLICATION FOR INTERIM ORDER
(General Title)
Take notice that the abovenamed plaintiff intends to apply to the Syariah …………… Court at ……………………… on ………… the ……………. day of ……………….. 20 ………………. at ……………. a.m./p.m. for an interim order that (state nature of application).
2. The grounds of the application are:
| 1. | )
) | |
| 2. | )
) | (State the grounds) |
| 3. | ) | |
3. This application is supported by an affidavit annexed.
Dated the …………………. day of …………. 20 ………..
Entered No. …………………………….. of 20 …………...
Clerk
(Seal)
………………………..
Registrar
To the defendant (or plaintiff)
This application is taken out by the plaintiff (or defendant) of (state address).
FORM MS 51
SYARIAH COURT CIVIL PROCEDURE TERENGGANU) ENACTMENT 2001
(Subsection 210 (2))
NOTICE OF APPEAL TO JUDGE IN CHAMBERS
(General Title)
Take notice that the abovenamed plaintiff (or defendant) intends to appeal against the decision of the Registrar given on the ………………………. day of …………………… 20 …………….. ordering (or refusing to order) (state in full the order appealed against).
Dated the ………………… day of …………… 20 …….
…………………………..
Plaintiff/Defendant
(Peguam Syarie for the Plaintiff/Defendant)
And further take notice, that you are required to attend before the Judge in Chambers on …………………………. the ………………. day of ……………… 20 ……….. at ……….a.m/p.m. on the hearing of an application by the said plaintiff (or defendant) that (state the order sought to be obtained).
Dated the ……………… day of …………. 20 ………..
(Seal)
……………………
Registrar
To the defendant (or plaintiff)
Passed by the State Legislative Assembly on the 27 August 2001.
[MB. TR. (S) 6/60 BHG. 10; PUN. TR. 15/103.]
OSMAN BIN MUDA,
Clerk of the State Legislative Assembly,
Terengganu
Copyright © PNMB-LawNet. All rights reserved.