Section 154. Leave to issue order of execution. (SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001

ENACTMENT NO. 4 OF 2001
SYARIAH COURT CIVIL PROCEDURE (TERENGGANU) ENACTMENT 2001

PART XVIII - ENFORCEMENT AND EXECUTION
CHAPTER 3 - EXECUTION

Section 154. Leave to issue order of execution.

(1) An order for execution to enforce a judgment or and order shall not issue without the leave of the Court-

(a)

if the judgment or order is subject to any condition or contingency;

(b)

if at an time six years or more have lapsed since the date of the judgment or order;

(c)

if any change has taken place by death, assignment or otherwise in the parties entitled or liable to execution under the judgment or order;

(d)

if the judgment creditor desires to enforce the judgment against any person other than the judgment debtor named in the judgment;

(e)

if an order of committal is outstanding;

(f)

except as provided in subsection 134 (2), if an order for payment by instalments is in force; or

(g)

if execution has been stayed by the Court.

(2) An application for leave to execute may be made ex parte, but the Court may order service of the application on any party or person concerned.

(3) The Court shall, if it is satisfied that the order for execution should be issued, grant leave in accordance with the application.