ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
PART III - RELIGIOUS COURTS JURISDICTION Procedure in Civil Proceedings
Section 79. Execution.
(1) If any person bound by any judgment or order of a Court fails to comply with the same within such time as the Court considers reasonable, the Court may, on the application of any person entitled to benefit under such judgment or order, or of its own motion, send a certified copy of such judgment or order to any Magistrates' Court having jurisdiction in the place where the Court which gave or made the judgment or order is situate, together with a request addressed to the Magistrate that such judgment or order may be executed, and it shall thereupon be lawful for such Magistrates' Court to execute such judgment or order and exercise in connection therewith all ancillary powers, includmg powers of arrest and commitment and issue of a judgment-debtor summons,in like manner as it could have done if the judgment or order had been given or made by itself:
Provided that, if the amount payable under the judgment or order or the value of the subject-matter thereof exceeds five hundred dollars, the foregoing provisions shall be read as if the words "Sessions Court" and "President" were substituted for "Magistrates' Court" and "Magistrate" respectively.
(2) The Court of the Chief Kathi shall have in respect of the execution of its own judgments and orders all such powers and duties as are conferred and imposed on Magistrates in respect of the execution of judgments and orders of Magistrates' Courts by Orders XXI, XXII and XXIV' of the Subordinate Courts Rules, 1950 or such other corresponding Rules as may from time to time be in force, save and except that it shall not issue execution in respect -of any immovable property. The Chief Kathi shall have power to appoint any subordinate officer of his Court to act as the bailiff thereof.
(3) The Court of a Kathi may; in lieu of proceeding under sub-section (1) of this section, in the like circumstances and in like manner request the Chief Kathi to execute the judgment or order of the Court of a Kathi and thereupon the Court of the Chief Kathi may execute the same and may exercise all such powers in respect thereof as are conferred by sub-section (1) of this section on a Magistrates' Court.