ENACTMENT NO. 9 OF 1993
SYARIAH CIVIL PROCEDURE ENACTMENT 1993
PART XVII – HEARING
Section 115. Absence of parties.
(1) If, on the hearing date -
(a) the parties are absent, the action may be struck out;
(b) the defenadnt is absent, the Court (subject to formal proof of due service according to Islamic Law) hear and determine the action in his absence:
Provided that the plaintiff shall take oath (yamin istizhar) to support his claim; or
(c) the palintiff is absent, the action may be struck out and the Court may hear and determine any counterclaim.
(2) The Court may in its discretion in any such case order an adjournment, if any.
(3) If there are more plaintiffs or defendants than one, and only one is present, the Court may hear the action against the one present.
Copyright © PNMB-LawNet. All rights reserved.