ENACTMENT NO. 2 OF 1996
SYARIAH COURT CIVIL PROCEDURE ENACTMENT 1996

PART XV - HEARING



Section 127. Order of speeches.

(1) Subject to subsection (2)-

(2) The Judge may give directions to the party who begins and the order of speeches at the trial.

(3) Subject to the directions of the Judge under subsection (2) and provisions of this section, the party who begins shall have the right to sum up his case.

(4) When the plaintiff has adduced all evidence for his case, the Judge shall call upon the defendant to adduce evidence in answer to the plaintiff's claim, and in such a case the defendant shall have the option either to adduce evidence or to submit that there is no case to answer.

(5) If the defendant elects to adduce evidence on his behalf, the Judge shall record the evidence so adduced, and after the defendant has given all evidence on his behalf the Judge shall ask the defendant to make a speech to close his case.

(6) When the defendant has closed his case, the Judge shall ask the plaintiff to sum up his case in answer to the defendant's submission.

(7) Notwithstanding the provisions of this section but subject to subsections (8) and (9), the Judge may order any parties to submit a written submission in such form and within such time as he may direct.

(8) If the defendant elects not to adduce any evidence but elect to submit that there is no case to answer, the Judge shall-

and if the defendant refuses to take the oath the Judge shall, subject to subsection (9), dismiss the defendant's case and allow the plaintiff's claim.

(9) Before the Judge allows the plaintiff's claim under subsection (8), the Judge shall-

and if the plaintiff refuses to take the oath the Judge shall dismiss his case.




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