ENACTMENT NO. 9 OF 1993
SYARIAH CIVIL PROCEDURE ENACTMENT 1993

PART XIX – EXECUTION



Section 155. Commitment.

(1) In this section "judgment debtor" includes a garnishee against an order has been made upon a garnishee summons.

(2) If a judgment debtor is guilty of a contempt of Court under the provisions of this Part, or wilfully refuses or neglects to comply with the provisions of any order of the Court directing him to do or refrain from any act, the judgment creditor may deliver to the Registrar and the Registrar may seal, sign and issue a judgment notice in form provided addressed to the judgment debtor to show cause why he should not be committed to prison. Such summons shall state the grounds of the application and shall be personally served on the judgment debtor not less than 2 clear days before the hearing. The Registrar may in his discretion require the grounds of the application to be proved by affidavit.

(3) The Court at the hearing of the summons may hear such evidence as it thinks fit and may commit the judgment debtor to the civil prison, or may put him on such terms or accept such undertaking as it may think just.

(4) Imprisonment under this section shall not operate as satisfaction of the judgment debt or any part thereof.

(5) A person imprisoned under this Part may apply for release on proof that he has complied with the order of the Court.




Copyright © PNMB-LawNet. All rights reserved.