ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART II - RELIGIOUS COURTS
PROCEDURE IN CIVIL PROCEEDINGS



Section 55. Appeal.

(1) An appeal to Juma'ah Pengadilan shall be brought by filing, in the Court which gave or made the judgment or order appealed from, a notice of appeal addressed to the Court, and by paying the prescribed fee. Such notice shall be filed not more than fourteen days after the judgment or order was given or made, and a copy thereof shall be served as soon as possible on each respondent.

(2) The presiding officer of the Court shall thereupon prepare and sign the grounds of his judgment, and shall supply to the appellant, on payment of the prescribed fees, a copy of such grounds, a copy of his note of the proceedings, and copies of any other documents which the appellant has stated that he requires to enable him to prepare the record.

(3) When the documents referred to in the preceding sub-section are ready, the Court shall give notice thereof to the appellant, and within twenty-one days after receipt of such notice the appellant shall file in the Court sufficient copies of a record of appeal. Four copies of the said record shall be forwarded by the Court to the Chairman of the Juma'ah Pengadilan, and a copy shall be served on each respondent to the appeal. The record of appeal shall consist of a petition addressed to Juma'ah Pengadilan stating the grounds of the appellant's objection to the judgment or order appealed from, a copy of the plaint, a copy of any written defence, copies of any interlocutory orders, a copy of the Court's note of the proceedings, copies of all exhibits and documentary evidence, a copy of the judgment or order, a copy of the grounds of judgment, a copy of the notice of appeal and an index. If the record is irregular, or is filed out of time, or if any respondent has not been served, the Court shall inform the Chairman of Juma'ah Pengadilan of such facts.

(4) A respondent to an appeal may give notice to the Court and the other parties thereto that he intends to contend that the judgment or order appealed from should be varied, and such notice shall operate as a cross-appeal.

(5) The Court may in its discretion grant a stay of execution of any judgment or order pending appeal.

(6) On receiving a record of appeal under the provisions of this section, the Chairman of Juma'ah Pengadilan shall then fix a date for hearing the appeal and shall notify the parties of the date upon which and the place where such appeal shall be heard.

(7) On the date fixed, or on any other day to which a hearing may be adjourned, the Juma'ah Pengadilan shall hear the parties to the appeal and refer to any part of the record of appeal and shall then make such order in accordance with sub-section 4 (b) of section 10 and with regard to the costs of the appeal as it shall consider appropriate.




Copyright © PNMB-LawNet. All rights reserved.