ENACTMENT NO. 5 OF 1984
SYARIAH CIVIL PROCEDURE ENACTMENT 1984

PART XXIII - EXECUTION BY OTHER COURTS



Section 183. Execution by Lower Court.

(1) When no order for execution has been issued, or return has been made to every order for execution issued, the Court may send the judgment to any Court of co-ordinate jurisdiction, or for good reason to any other Lower Court, with a request that the same may be executed.

(2) Such order may be made on the ground of convenience and economy, notwithstanding that the requesting Court could itself execute the judgment in the same manner and against the same property as the Court receiving the request.

(3) Where such an order is made, no proceedings under section 131 or Part XX or XXI shall be has in the requesting Court pending return to the request.

(4) The request shall be in Form 29 and shall be accompained by a certified copy of the judgment.

(5) The receiving Court shall file and enter the proceedings and may thereupon execute the judgment in all respects as if it had been given by the receiving Court, and may in like manner proceed thereon under section 131, Part XXI and Part XXV.

(6) The receiving Court shall itself deal with any proceeds of execution. For such purpose, the judgment shall have priority as of the date and time of entry of the proceedings in the receiving Court.

(7) The receiving Court shall be bound by any order of an appellate Court to the same extent as the requesting Court.

(8) Upon the conclusion of proceedings in the receiving Court, it shall send to the requesting Court a return on the request in Form 18 and, where, necessary, a report setting out the result of any incidental proceedings.

(9) Thereafter, if the judgment is not satisfied, the requesting Court may issue a request to another Court, or for sufficient reason may issue a futher request to the same Court, but so that no two request shall be outstanding at the same time.




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