Section 200. Injunction. (SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003

ENACTMENT NO. 4 OF 2003
SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003

PART XX - INTERLOCUTORY PROCEED AND INTERIM ORDER
CHAPTER 2 - INTERIM ORDER

Section 200. Injunction.

(1) Upon an application of any party in any cause or matter, before or after the trial of the cause or matter, the Court may grant an the injunction whether or not the claim for the injunction has been included in the summons, counter claim or third party notice, as the case may be.

(2) An application under this section shall not be made before an action has begun except where it is one of urgency.

(3) Where the applicant is the plaintiff and the case is one of urgency, such application may be made ex parte supported by an affidavit and that affidavit shall contain a clear and concise statement—

(a)

of the facts giving rise to the claim against the defendant in the proceedings;

(b)

of the facts giving rise to the claim for the injunction;

(c)

of the facts relied on as justifying the application being made

ex parte

including details of any notice given to the defendant or, if none has been given, the reason for giving none;

(d)

of any answer asserted by the defendant, or which he is thought likely to assert, either to the claim in the action or the claim for the injunction;

(e)

of any facts known to the applicant which might lead the Court not to might lead the Court not to grant

ex parte

injunction;

(f)

of whether any previous similar

ex parte

application has been made to any other Judge and, if so, the order made in that previous application; and

(g)

of the precise relief sought.

(4) Notwithstanding subsections (1) and (3), in any proceedings against the Government or the Majlis, the court shall not grant an injunction but may in substitution make an order declaring the right of the parties in the cause or matter.

(5) The Court shall not grant an injunction or any order against any officer of the Government or of the Majlis if the effect of the injunction or the making of the order is to give relief that may not be obtained by it in proceedings against the Government or the Majlis.