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

PART II - RELIGIOUS COURTS
PROCEDURE IN CIVIL PROCEEDINGS



Section 51. 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 Magistrate's 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 Magistrate's Court to execute such judgment or order and to exercise in connection therewith all ancillary powers, including 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 Kadhi Besar 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' Court by Order XXI, XXII and XXIV of the Subordinate Courts Rules, 1950, save and except that it shall not issue execution in respect of any immovable property. The Kadhi Besar shall have power to appoint any subordinate officer of this Court to act as the bailiff thereof.

(3) The Court of a Kadhi may, in lieu of proceeding under sub-section (1) of this section, in the like circumstances and in like manner request the Kadhi Besar to execute the judgment or order of the Court of the Kadhi Besar 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.




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