ENACTMENT NO. 5 OF 1984
SYARIAH CIVIL PROCEDURE ENACTMENT 1984

PART XX - EXECUTION



Section 160. Commitment.

(1) In this section "judgment debtor" includes a garnishee against whom an order has been made upon a garnishee summons.

(2) If a judgment debtor is guilty of a contempt of Court under the provisions of this Part, or wilfully refuses or neglects to comply with the provisions of any order of Court directing him to do or refrain from any act, the judgment creditor may deliver to the Registrar and the Registrar may seal, sign and issue a judgment notice in Form 21 addressed to the judgment debtor to show cause why he should not be committed to prison. Such summons shall state the grounds of the application and shall be personally served not less than two clear days before the hearing. The Registrar may in his discretion require the grounds of the application to be proved by affidavit.

(3) The Court at the hearing of the summons may hear such evidence as it thinks fit and may commit the judgment debtor to the civil prison, or may put him on such terms or accept such undertaking as it may think just.

(4) Imprisonment under this section shall not operate as satisfaction of the judgment debt or any part thereof.

(5) A person imprisoned under this order may apply for release on proof that he has purged his contempt.




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