ENACTMENT NO. 5 OF 1984
SYARIAH CIVIL PROCEDURE ENACTMENT 1984

PART II - EFFECT OF NON-COMPLIANCE



Section 4. Non-compliance with this Enactment.

(1) Where, in beginning or purporrting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of this Enactment, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or other therein.

(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred any step taken in those proceedings or any document, judgment or order therein or exercise its powers under this Enactment to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

(3) The Court shall not wholly set aside any proceedings or the summons or other originating process by which they were begun on the ground that the proceedings were required by any of these sections to be begun by an originating process other than the one employed.




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