ENACTMENT No. 2 Of 1984
ISLAMIC CIVIL PROCEDURE ENACTMENT 1979

PART XVII - HEARING



Section 117. Undefended actions.

(1) In any action in which the defendant has not filed a defence or, having filed a defence, does not appear at the trial, the Court may permit the plaintiff's case to be proved by evidence on affidavit:

Provided that the Court may, if it thinks fit, require the case to be proved by oral evidence, or require further evidence, oral or by affidavit, and may adjourn the trial for such purpose.

(2) In any action the Court may give leave to prove any particular fact by affidavit, but leave shall not ordinarily be given if it appears that the fact is bona fide in dispute.




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