Section 58. Mode of application. (SYARIAH COURT CIVIL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 13 OF 2002
SYARIAH COURT CIVIL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

PART VII - INTERPLEADER

Section 58. Mode of application.

(1) An application for relief under this Part shall be made by summons in Form MS 12 or MS 13, whichever is appropriate.

(2) Subject to subsection (3), a summons under this section shall be supported by an affidavit stating that the applicant—

(a) claims no interest in the subject-matter in dispute other than for charges or costs;

(b)

does not collude with any of the claimants to that subject-matter; and

(c)

is willing to pay or transfer that subject-matter into Court or to dispose of it as the Court may direct.

(3) Where the applicant is a bailiff, he shall not provide such affidavit as is referred to in subsection (2) unless the Court otherwise orders.