Section 60. Powers of court hearing summons. (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 60. Powers of court hearing summons.

(1) Where on the hearing of a summons under this Part all the persons by whom adverse claims to the subjectmatter in dispute (hereinafter in this Part referred to as the “claimants”) appear, the Court may order—

(a)

that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Part; or

(b)

that an issue between the claimants be stated and tried and may direct which of the claimants is to be the plaintiff and which defendant.

(2) Where—

(a)

the applicant on a summons under this Part is a bailiff;

(b)

all the claimants consent or any of them so requests; or

(c)

the question at issue between the claimants is a question of law and the facts are not in dispute, the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as it thinks just.