Original Subsidiary Legislation



NEGERI SEMBILAN

SUBSIDIARY LEGISLATION

ADMINISTRATION OF ISLAMIC LAW (NEGERI SEMBILAN) ENACTMENT 1991 [ENACTMENT NO. 1 OF 1991]
Section 98

N.S. P.U. 13/1992
SYARIAH COURTS CIVIL PROCEDURE RULES 1992

Publication : 30 July 1992
Date of coming into operation :31 July 1992
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ARRANGEMENT OF RULES
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Preamble

Order 1 - Preliminary.

Rule 1.Short title, commencement and application.
Rule 2. Interpretation.

Order 2 - Form of proceedings.

Rule 1. Size and format.
Rule 2. Language.
Rule 3. Title and footnote.
Rule 4. Rejection.

Order 3 - Mode of beginning civil proceedings in the syariah courts.

Rule 1. Mode of beginning civil proceedings.
Rule 2. Proceedings which must be begun by summons.
Rule 3. Proceedings which must be begun by application.
Rule 4. Proceedings which may be begun by summons or application.
Rule 5. Right to sue in person.

Order 4 - Summons.

Rule 1. Form of summons.
Rule 2. Endorsements of statement of claim.
Rule 3. Copies of summons.
Rule 4. Issue and service.
Rule 5. Duration and renewal of summons.
Rule 6. Loss of summons.

Order 5 - Applications.

Rule 1. Form.
Rule 2. Oral application.
Rule 3. During hearing.
Rule 4. Hearing.
Rule 5. Conditions.
Rule 6. Evidence.
Rule 7. Interim order.

Order 6 - Service.

Rule 1. General provisions.
Rule 2. Address for service.
Rule 3. Mode of service.
Rule 4. Non- acceptance.
Rule 5. Service on Peguam Syarie.
Rule 6. Return date of summons of application.
Rule 7. Return date of other proceedings.
Rule 8. Place and time.
Rule 9. Special cases.
Rule 10. Indorsement of service.
Rule 11. Affidavit of service.

Service of other documents.

Rule 12. Service of documents not requiring personal service.
Rule 13. Time for service.
Rule 14. No service required in certain cases.

Substituted Service.

Rule 15. Substituted service.
Rule 16. Proof of service.
Rule 17. Variation of orders.
Rule 18. Proof of service.
Rule 19. Issue of warrant in lieu of or in addition to summons.

Order 7 - Service out of the jurisdiction.

Rule 1. When allowed.
Rule 2. Application for, and grant of leave to serve summons out of jurisdiction.
Rule 3. Personal or substituted service.
Rule 4. Service in other States in Malaysia.
Rule 5. Variation of orders.
Rule 6. Application of the provisions of Order 6 rule 19.
Rule 7. Proof of service.

Order 8 - Parties.

Rule 1. Definition.
Rule 2. Change of parties.
Rule 3. Representation order.
Rule 4. Peguam Syarie.
Rule 5. Amendment and service.

Person under disability.

Rule 6. Person under disability.
Rule 7. Consent on behalf of the person under disability.
Rule 8. General provision as to disability.
Rule 9. Irregular proceedings.
Rule 10. Removal.
Rule 11. Minor plaintiff attaining majority.
Rule 12. Minor defendant attaining majority.
Rule 13. Abatement of proceeding.
Rule 14. Devolution of interest.
Rule 15. Remedies for default.
Rule 16. Service.
Rule 17. Finality of Islamic Law.
Rule 18. Consolidation.

Order 9 - Peguam Syarie.

Rule 1. Memorandum of application.
Rule 2. Service on Peguam Syarie.
Rule 3. Change of Peguam Syarie.
Rule 4. Discharge of Peguam Syarie.
Rule 5. Discharge on application by Peguam Syarie.
Rule 6. Death.

Order 10 - Poor persons.

Rule 1. Application to sue or defend as a poor person.
Rule 2. Poor persons not to discontinue.
Rule 3. Costs.

Order 11 - Pleadings.

Rule 1. Statement of claim.
Rule 2. Defence.
Rule 3. Form of defence.
Rule 4. Counterclaim.
Rule 5. Defence to counterclaim.
Rule 6. Tender.
Rule 7. Reply.
Rule 8. Refusal and amendment.
Rule 9. Particulars.
Rule 10. Admission by letters.
Rule 11. Pleadings subsequent to reply.
Rule 12. Pleadings: Formal requirements.

Order 12 - Amendment.

Rule 1. Pleadings.
Rule 2. Defective proceedings.
Rule 3. Method.
Rule 4. Omission.
Rule 5. Effect of amendment.
Rule 6. Amendment of judgement and orders.

Order 13 - Suth, settlement and withdrawal.

Rule 1. Settlement.
Rule 2. Discontinuance of action, etc. without leave by plaintiff or defendant.
Rule 3. Costs.
Rule 4. Effect on subsequent proceedings.
Rule 5. Stay.

Order 14 - Payment into court.

Rule 1. Payment in.
Rule 2. Payment out.
Rule 3. Order for payment out.
Rule 4. Costs.
Rule 5. Other relief.
Rule 6. Several defendants.
Rule 7. Tender.
Rule 8. Counterclaim.

Order 15 - Discovery and inspection of documents.

Rule 1. Discovery of documents and facts.
Rule 2. Inspection of documents.
Rule 3. Privilege.
Rule 4. Order for discovery of particular documents.
Rule 5. Discovery to be ordered only if necessary.
Rule 6. Order for production of documents to Court.
Rule 7. Production to be ordered only if necessary etc.

Order 16 - Transfer of proceedings.

Rule 1. Transfer of proceedings to another Court.
Rule 2. With or without an application.
Rule 3. Procedure on transfer.
Rule 4. Conduct on transferred proceedings.
Rule 5. Expenses of transfer.
Rule 6. Transfer to and from another Court.

Order 17 - Affidavits.

Rule 1. Oath taking procedure.
Rule 2. Form of affidavit.
Rule 3. Affidavit by illiterate or blind person.
Rule 4. Irregular affidavits.
Rule 5. Exhibits.
Rule 6. Rejection.
Rule 7. Amendment.
Rule 8. Filing.
Rule 9. Cross-examination.

Order 18 - Subpoena.

Rule 1. Request for subpoena.
Rule 2. Subpoena to produce documents, etc.
Rule 3. Records of Court.
Rule 4. Return date.
Rule 5. Travelling and subsistence expences.
Rule 6. Service.
Rule 7. Attendance of prisoner as witness or party.
Rule 8. Attendance of witness.
Rule 9. Failure to attend.
Rule 10. Contempt.
Ruler 11. Persons in Court.
Rule 12. Duration of subpoena.
Rule 13. Affidavit of service of subpoena.

Order 19 - Hearing.

Rule 1. Hearing in Court.
Rule 2. Appearance.
Rule 3. Absence of parties.
Rule 4. Counterclaims.
Rule 5. Mutual claims.
Rule 6. Notes of evidence.
Rule 7. Exhibit.
Rule 8. Addresses.
Rule 9. Power of the Court.
Rule 10. Trial not concluded.
Rule 11. Adjournment.
Rule 12. Judgement, etc. given in absence of party may be set aside.

Order 20 - Judgement and orders.

Rule 1. Judgement.
Rule 2. Judgement by consent.
Rule 3. Determining judgement or order.
Rule 4. Instalments when due.
Rule 5. Order for instalments.
Rule 6. Service of order.
Rule 7. Date from which judgement or order takes effect.
Rule 8. Supplementary provisions.
Rule 9. Orders required to be drawn up.
Rule 10. Preparation of judgement or order.
Rule 11. Drawing up and entry of judgements and orders.
Rule 12. Duplicates of judgements and orders.
Rule 13. Where money to be paid by instalments.

Order 21 - Enforcement of judgement.

Rule 1. Enforcement of judgement, etc., for payment of money.
Rule 2. Enforcement of judgement for possession of immovable property.
Rule 3. Enforcement of judgement for delivery of movable property.
Rule 4. Enforcement of judgement to do or abstain from doing an act.
Rule 5. Judgement, etc. requiring act to be done: Order fixing time for doing it.
Rule 6. Service of copy of judgement, etc., pre-requisite to enforcement under rule 4.
Rule 7. Execution by or against person not being a party.
Rule 8. Conditional judgement: Waiver.
Rule 9. Matters occurring after judgement: Stay of execution etc.

Order 22 - Execution.

Rule 1. Definition.
Rule 2. Duty of comply.
Rule 3. Leave to execute.
Rule 4. Issuing of execution order.
Rule 5. Matters covered by order.
Rule 6. Satisfaction.

Types of Execution

Rule 7. Types of execution.

Execution by Seizure and sale

Rule 8. Seizure and sale.

Execution by Garnishment

Rule 9. Garnishment.
Rule 10.Monet and property in Court.
Rule 11. Attachment of debts, etc.

Execution by Seizure and Delivery

Rule 12. Seizure and delivery.
Rule 13. Deposit of expenses.

Duties of Bailiff

Rule 14. Bailiff shall give receipt.
Rule 15. Time of delivery.
Rule 16. Time of execution.
Rule 17. Entry on premises.
Rule 18. Notice of seizure and inventory.
Rule 19. Bailiff to keep records and to prepare statement of account.
Rule 20. Application of proceeds.
Rule 21. Return.
Rule 22. List of inventory of movable property removed.
Rule 23. Specific directions.
Rule 24. Service on bailiff.
Rule 25. Payment out.

Sale by Bailiff

Rule 26. Sale.
Rule 27. Bailiff may execute or indorse documents.

Execution by Committal

Rule 28. Commitment.
Rule 29. Power to suspend execution of committal order.

Stay of Execution

Rule 30. Stay of execution.

Order 23 - Rateable distribution.

Rule 1. Proceeds of execution of sale to be distributed rateably.
Rule 2. Method of obtaining subsequent attachment orders, etc.
Rule 3. Property attched in execution of orders or judgements of several Courts.

Order 24 - Interim orders relating to property.

Rule 1. Detention, preservation, etc. of subject-matter of cause matter.
Rule 2. Sale of property in dispute.
Rule 3. Further orders.
Rule 4. Power to order samples to be taken, etc.
Rule 5. Sale perishable property, etc.
Rule 6. Recovery of movable property subject to lien, etc.
Rule 7. Directions.
Rule 8. Allowance of income of property pendente lite.
Rule 9. Additional powers.

Order 25 - Objection proceedings.

Rule 1. Definition.
Rule 2. Objection.
Rule 3. Bailiff not to sell.
Rule 4. Release of property.
Rule 5. Hearing.
Rule 6. Valuation.
Rule 7. Service on bailiff.

Order 26 - Interpleader.

Rule 1. Entitlement to relief by way of interpleader.
Rule 2. Claim to goods, etc. taken in execution.
Rule 3. Powers of Court to hear claims.
Rule 4. Power to stay proceedings.
Rule 5. Withdrawal or admission.
Rule 6. Other powers.
Rule 7. One order in several causes or matters.
Rule 8. Discovery.
Rule 9. Trial of interpleader issue.

Order 27 - Executors and administrators.

Rule 1. Definition.
Rule 2. Costs of plaintiff.
Rule 3. Judgement againts estate.
Rule 4. Judgement de bonis futuris.
Rule 5. Form of order.

Order 28 - Committal.

Rule 1. Committal for contemot of court.
Rule 2. Application to Court.
Rule 3. Application for order after leave to apply granted.
Rule 4. Provisions as to hearing.
Rule 5. Power to suspend execution of committal order.
Rule 6. Discharge of person committed.
Rule 7. Saving for other powers.
Rule 8. Forms of warrant for committal.

Order 29 - Powers of judge and registrar.

Rule 1. Powers of Registrar.
Rule 2. Powers of Judge.
Rule 3. Reference and variation of order.

Order 30 - Execution by other courts.

Rule 1. Definition.
Rule 2. Execution by other Courts.

Order 31 - Moneys and property in court.

Rule 1. Court's bank account.
Rule 2. Payment in.
Rule 3. Payment to bank.
Rule 4. Notice to person entitled.
Rule 5. Payment out.
Rule 6. Mode of payment.
Rule 7. Remittance by post.
Rule 8. Books of account.
Rule 9. Service costs.
Rule 10. Unclaimed funds.
Rule 11. Other property.
Rule 12. Interest.

Order 32 - Costs, allowances and court fees.

Rule 1. Costs dis-cretionary.
Rule 2. Assessment.
Rule 3. Security for costs.
Rule 4. Plants, etc.
Rule 5. Witness.
Rule 6. Expert witness.
Rule 7. Subsistence and travelling.
Rule 8. Court fees.
Rule 9. Folio.
Rule 10. Proceedings by Court.
Rule 11. Power of the Chief Syariah Judge to amend, etc. Schedules.

Order 33 - Contempt of court.

Rule 1. Notice to show cause.
Rule 2. Vacation of order.
Rule 3. Contempt by corporation.
Rule 4. Proceedings without authority.

Order 34 - Appeal.

Rule 1. Definition.
Rule 2. Notice of appeal.
Rule 3. Petition of appeal.
Rule 4. Appeal record.
Rule 5. Stay of execution pending appeal.
Rule 6. Execution of judgement on appeal.
Rule 7. Decision of the appeal.

Order 35 - The registry.

Rule 1. Distribution of business in Registry.
Rule 2. Books to be kept in the Registry.
Rule 3. Date of filing to be marked, etc.
Rule 4. Right to inspect, etc. certain documents filed in Registry.
Rule 5. Deposit of document.
Rule 6. Restriction on removal of documents.
Rule 7. Registry days of which open and office hours.

Order 36 - General provisions.

Rule 1. Form
Rule 2. Certificate of expert.
Rule 3. Certified copies and lost documents.
Rule 4. Fee, deposit, and disbursement.
Rule 5. Exclusion of officers of the Court.
Rule 6. Furnishing security.
Rule 7. Enlargement of time.
Rule 8. Enlargement by consent.
Rule 9. Irregularities.
Rule 10. Scandalous matter.
Rule 11. Filing of notices.
Rule 12. Personel appearance.
Rule 13. Service by other Court.
Rule 14. Notice to admit facts or documents.
Rule 15. Examination de bene esse.
Rule 16. Application or letters of request.
Rule 17. Inherent powers.
Rule 18. Preparation of documents.
Rule 19. Quality and size of paper.
Rule 20. Regulations as to printing, etc.
Rule 21. Copies of documents for other party.
Rule 22. Requirements as to copies.
Rule 23. Language of documents.
Rule 24. Seal of the Court.
Rule 25. Rejection of irregular documents.
Rule 26. Hukum Syarak.
Rule 27. Application to pending cases.

Form 1.
Form 2.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
Form 11.
Form 12.
Form 13.
Form 14.
Form 15.
Form 16.
Form 16A.
Form 17.
Form 18.
Form 19.
Form 20.
Form 21.
Form 22.
Form 23.
Form 24.
Form 25.
Form 26.
Form 27.
Form 28.
Form 29.
Form 30.
Form 31.
Form 32.
Form 33.
Form 34.
Form 35.
Form 36.
Form 37.
Form 38.
Form 39.
Form 40.
Form 41
Form 42.
Form 43.
Form 44.
Form 45.
Form 46.
Form 47.
Form 48.
Form 49.
Form 50.
Form 51.

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