Section 242. Appeal record. (SYARIAH CIVIL PROCEDURE ENACTMENT 1984

ENACTMENT NO. 5 OF 1984
SYARIAH CIVIL PROCEDURE ENACTMENT 1984

PART XXXIII - APPEALS TO THE MAHKAMAH RAYUAN SYARIAH

Section 242. Appeal record.

(1) When the appellant has complied with the requirements of section 241 or the Mahkamah Rayuan Syariah has allowed the appellant to appeal as a poor peson, the Court appealed from shall prepare the requisite number of copies of the appeal record and such record shall contain copies of :

(a)

the relevant pleadings,

(b)

the notes of evidence,

(c)

the grounds of judgment,

(d)

the decision,

(e)

the notice of appeal,

(f)

all such documentary exhibits and other documents as the parties shall consider relevent for the purposes of appeal.

(2) As soon as the appeal record is ready the Court appealed from shall serve the appellant with a notice in Form 36.

(3) If the appellant shall consider that any documentary exhibit used need not be included in such record he shall obtain yje consent in writing of all parties to the appeal to the omission of such document from the record. Such written consent shall be produced to the Registrar.

(3) If the appellant shall conside that any documentary exhibit used need not be included in such record he shall obtain the consent in writting of all parties to the appeal to the omission of such document from the record. Such written consent shall be produced to the Registrar.

(4) Upon request by the appellant and if the deposit mentioned in section 241 (5) is insufficient, upon payment by the appellant of a futher sum sufficient to defray the cost of preparing the appeal record, the Registrar shall-

(a)

supply the appellant with a copy of the appeal record and sufficient additional copies for service on the respondent or respondents, and

(b)

forward to the Registrar of the Mahkamah Rayuan Syariah the remaining copies of such record, having endorsed on one of such copies the date of service of the notice mentioned in sub-section (2).