ENACTMENT NO. 13 OF 2002 SYARIAH COURT CIVIL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART IV - PARTIES CHAPTER 3 - POOR PERSONS
Section 31. Application to sue or defend as a poor person.
(1) Any person who desires to commence or defend any action or other proceedings in his own right, and is unable to pay the Court fees therefore, may apply to the Court for leave to sue or defend as a poor person.
(2) An application under subsection (1) shall be made in Form MS 4 and supported by an affidavit containing the following particulars:
(a) his name, place of abode and occupation;
(b) a declaration that he is unable to pay his expenses of the proceedings; and
(c) all the material facts of the case.
(3) The affidavit shall be prepared by the applicant or by an officer of the appropriate Court and shall be verified in the presence of a Judge or Registrar.
(4) Where the Court is satisfied—
(a) that the applicant is unable to pay the Court fees in the proceedings; and
(b) that the applicant has a good cause of action or defence, as the case may be, the Court shall make an order admitting the applicant (hereinafter called the “poor person”) to sue or defend, as the case may be, as a poor person.
(5) Where an order is made under subsection (4), the summons and other process in the action or other proceedings and the relevant entry in the cause book shall be marked “poor person”.
(6) Where the Court is not so satisfied it shall dismiss the application and there shall be no appeal against the dismissal.