ENACTMENT NO. 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955



SECOND SCHEDULE
SECOND SCHEDULE
(Section 56)

1. These Rules may be cited as the Muslim Religious Courts (Civil Procedure) Rules 19

Plaint.

2. (1) All civil proceedings in the Court of the Chief Kathi or of a Kathi shall be brought by filing a plaint, or by making oral complaint to the presiding officer of the Court, and in either case paying the prescribed fee for a plaint. In case of oral complaint the Court shall draft a plaint for the plaintiff, which shall be signed and filed by him.

(2) The plaint shall contain the names, addresses and descriptions of the parties, a concise statement of the cause of action, without argument or unnecessary detail, and a statement of the relief claimed or judgment prayed.

Joinder and consolidation.

3. More persons than one may be joined as plaintiffs or defendants, and more causes of action than one may be raised in the same proceedings, but the Court may order separate trials in its discretion. The Court may in its discretion try two or more proceedings together if they relate to the same issues of fact or law.

Summons and service.

4. (1) When filing a plaint, in addition to the original, the plaintiff shall hand to the Court a copy thereof for each defendant.

(2) The Court shall issue a summons to each defendant and shall cause the same to be served on him with a copy of the plaint. The summons shall direct the defendant to appear to answer the claim at a stated place, date and time and shall warn him that, in case of his non-appearance, the Court may proceed to allow the claim in his absence.

Persons deceased or under disability.

5. (1) No person except a lawfully appointed administrator or an executor who has proved the will shall represent or act on behalf of the estate of a deceased person:

Provided that a beneficiary may claim his share of the estate of a deceased person against any person unlawfully in possession of any assets of the deceased.

(2) If any party to any proceedings is a minor, or a person of unsound mind, the Court may upon application made and payment of the prescribed fee appoint any fit and proper person, having no interest adverse to him, to represent him in such proceedings. The lawful or natural guardian of a minor, or the committee of a person of unsound mind, if any, shall ordinarily be so appointed, if willing to act.

Defence.

6. (1) Any defendant may file a written defence, and shall. In such event hand to the Court a copy thereof for each plaintiff which the Court shall cause to be served.

(2) If a defendant has not, at the time of his first appearance, filed a defence and does not desire to do so, but intend to defened the action, the Court shall ascertain orally the grounds of his defence, and he shall not thereafter raise other grounds of defence without leave of the Court.

(3) If the defendant desires to file a defence, the Court shall fix a time within which he shall do so which shall ordinarily be not less than seven days prior to the trial or hearing.

(4) If the defendant wishes to raise matters by way of counter claim, the Court may either permit him to do so or direct him to file separate proceedings.

Interlocutory proceedings.

7. The Court may on the application of any party make interim orders for the purpose of preserving any property in issue, or safe-guarding the rights of any party, pending trial or facilitating the trial or hearing of the proceedings, and may permit amendment of any proceedings or correction of any error, on such terms as may be just. Any such application may be made orally, but any party affected thereby shall be given the opportunity to be heard thereon.

Withdrawal and settlement.

8. (1) The plaintiff may withdraw any proceedings at any time before judgment, but shall be liable to pay the costs thereof and shall not bring any other proceedings thereafter on the same cause of action without leave of the Court.

(2) The parties to any proceedings may compromise and settle the same at any time; the Court shall, if so requested by any party, record the terms of any such settlement:

Provided that no withdrawal or settlement shall be made by the personal representative of a deceased person's estate or by a representative appointed under rule 5 of these Rules without the leave of the Court, which shall have due regard to the interests of the beneficiaries of persons represented.

Trial of hearing.

9. (1) If, at the time appointed for the hearing, the plaintiff does not appear, the proceedings may be struck out: if the plaintiff appears, but the defendant does not appear, the plaintiff may prove his case and the Court may give judgment:

Provided that-

(2) If the defendant appears and admits the plaintiff's claim the Court may give judgment without hearing evidence.

(3) If the defendant desires to defend, the part against whom judgment would be given on the pleadings and admissions made, if no evidence were taken, shall have the right to begin.

(4) Each party may address the Court and may then give evidence and call his witnesses who shall be examined and may be cross-examined, re-examined, questioned by the Court and recalled in like manner as is provided for criminal proceedings. After the conclusion of the evidence each party may sum up his case, but so that the party who began shall address the Court last.

(5) The Court may call any evidence which it considers necessary:

Provided that no party shall be obliged to give evidence against his will.
(6) Thereafter the Court shall give judgment in open Court, either at once or at a later time of which notice shall be given to the parties.

Judgments.

10. (1) Every judgment of the Court shall after delivery be drawn up in writing, dated, signed by the presiding officer of the Court, and sealed, and shall be retained with the record. Any party shall be entitled on payment of the prescribed fee to obtain certified copy of the judgment.

(2) A judgment may declare the rights of the parties into or may order a party to do any act or thing including the payment of money, or both.

Costs.

11. The Court may in its discretion order any party to pay any costs of any proceedings, including travelling and subsistence expenses of parties and witnesses, and shall itself assess the amount of any costs so ordered to be paid.

Execution.

12. (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 such Magistrate's Court shall execute such judgment or order and exercise in connection therewith all ancillary powers, including powers of arrest and commitment and issue of a judgment debtor summons, in like manner as 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 one thousand dollars, the foregoing provisions shall be read as if the words "Sessions Court" and "President" were substituted for "Magistrate's 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 or judgments and orders of Magistrates Courts by Orders XXI, XXII and XXIV of the Subordinate Court 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 proceedings under sub-rule (1) of this rule, 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 an such powers in respect thereof as are conferred by sub-rule (1) of this rule on a Magistrates' Court.

Evidence de bene esse.

13. The Court may, if it appears likely that any intended witness in any proceedings will not be able to give evidence at the trial or hearing, record the evidence of such witness in writing and such evidence may be used as evidence at the trial or hearing.

Provided that any opposite party shall have been given due opportunity to attend and cross-examine.

Contempt of Court.

14. (1) If any person shall be guilty of any misconduct in Court of such a nature as to interfere with the proper conduct of the Court's business, the Court may cause him to be arrested by any police officer or officer of the Court and detained until the Court rises, when he shall be released, without prejudice to any further proceedings.

(2) If any person shall be arrested under the proceeding sub rule, or shall be guilty of any other contempt of the lawful authority of the Court, the Court shall report the matter to the authority of the Court shall report the matter to the Public Prosecutor or his Deputy, or to the Chief Police Officer.

Poor persons.

15. His Highness the Sultan or any person to whom he may depute such powers, may in writing grant leave to any person to sue, defend or appeal in any proceedings as a poor person, and in such event the Court fees normally payable in respect of the proceedings in question shall not be payable by such person, but shall be waived.

Appeals.

16. (1) Subject to the provisions of section 26 (i) (b) of the Enactment any party to a Civil proceeding in the Court of the Chief Kathi or of a Kathi may appeal against the judgment or order of such Court to the Appeal Committee constituted under Section 26 of the Enactment.

(2) Such appeal shall be brought by filling, 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. The Court shall serve a copy of such notice as soon as possible on each respondent.

(3) No notice of appeal may be filed after the expiration of fourteen days from the date upon which the judgment or order appealed against was given or made. Provided that on application to the Appeal Committee it may, if it considers that special circumstances render an extension just, give leave to appeal within such extended time after the expiration of such fourteen days as it may think fit.

(4) On receiving a notice of appeal the presiding officer of the Court shall thereupon prepare and sign a copy of the grounds of his judgment, and shall, on payment of the prescribed fees, supply the same to the appellant together with a copy of the notes of the proceedings and copies of any other documents for which the appellant has applied to enable him to prepare the record.

(5) When the documents referred to in the proceeding sub-rule are ready, the Court shall give notice thereof to the appellant, and within twenty-one days after receipt of such notice the appeal. Four copies of the said record shall be forwarded by the Court to the President and a copy shall be served on each respondent to the appeal. The record of appeal consist of a petition addressed to the Appeal Committee 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 irregulars, or is filed out of time, or if any respondent has not been served, the Court shall inform the President of such facts.

(6) 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 cross-appeal.

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

Hearing of appeal.

17. (1) On receiving a record of appeal under the provisions of the preceding rule, the President shall appoint an Appeal Committee to hear such appeal.

(2) Such Appeal Committee 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.

(3) On the date fixed, or on any other day to which a hearing may be adjourned the Appeal Committee shall hear the parties to the appeal and refer to any part of the record of appeal and shall then make such order as in the case may be just and reasonable.

Irregularities.

18. No appeal shall be allowed, or retrial ordered, on grounds of irregularity of procedure or wrongful reception or rejection of evidence unless a failure of justice has been occasioned thereby.

Matters and provided for.

19. In matters of practice and procedure in civil proceedings, not expressly provided for in this Enactment or any rules made thereunder, the Court may adopt such procedure as may seem proper for the avoidance of injustice and the disposal of the matters in issue between the parties and may in particular, but without prejudice to the generality of the foregoing, adopt the practice and procedure in civil proceedings for the time being in force in the subordinate civil Courts.




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