ENACTMENT NO. 8 OF 1982 THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982
PART IX - PROCEDURE IN CIVIL PROCEEDINGS
Section 228. Appeals.
(1) Any party to a civil proceeding in the Court of the Kadi Besar or of a Kadi may appeal against the judgment or order of such Court to the Court of Appeal.
(2) Such appeal shall be brought by filing in the Court which gave or made the judgment or other appealed from, a notice of appeal addressed to the Court by paying the prescribed fee. The Court shall serve a copy of such notice as soon as possible on each respondent.
(3) No notice of appeal may be filed after the expiration of fourteen days from the date upon which the judgment or order appealed against was given or made:
Provided that on application to the Court of Appeal it may, if it considers the special circumstances of the case render extension just, give leave to appeal within such extended time after the expiration of such fourteen days as it may think fit.
(4) On receiving a notice of appeal the officer of the Court hearing the case shall thereupon prepare and sign the grounds of judgment, and shall supply to the appellant, on payment of the prescribed fees, a copy of such grounds, the notes of proceedings and every document produced in the proceedings to enable him to prepare the record of appeal.
(5) When the documents referred to in subsection (4) have been received from the Court, the appellant shall file in the Court sufficient copies of a record of Appeal within twenty-one days after receipt of such documents. A copy of a record of appeal shall be served upon every respondent.
(6) Every copy of a record of appeal shall contain a petition of appeal stating the grounds of the appellant's objection to the judgment or order appealed from, a copy of the plaint, a copy of a written defence, copies of interlocutory orders, a copy of the notes of proceedings from the Court, copies of all documentary exhibits and other documentary evidence, a copy of the judgment or order, a copy of the grounds of judgment, a copy of the notice of appeal and an index.
(7) A respondent to an appeal may give notice to the Court and the other parties thereto that he intends to contend that the judgment or order appealed from should be varied and such notice shall operate as a cross-appeal.
(8) The Court may in its discretion grant a stay of execution of any judgment or order pending appeal.
(9) On receiving the records of Appeal and notice of cross-appeal as provided in subsection (6) and subsection (7) respectively the Court shall send them to the Court of Appeal.
(10) The Court of Appeal shall then fix the date for the hearing of the appeal and shall notify the parties of the date and place where the appeal shall be heard.
(11) On the appeal coming on for hearing, the Court of Appeal shall hear the appellant, and, if it considers necessary the respondent to the appeal and may then make such order in accordance with section 46 as it shall consider appropriate.