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Syariah Courts Civil Procedure Code · s 56

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s 56Claim to money, goods etc. taken in execution

(1)

Any person making a claim to or in respect of any money, goods or other movable property taken or intended to be taken in execution of a judgment, or to the proceeds or value of any such goods or property, shall give notice of his claim in Form MS 9 to the bailiff charged with the execution of the judgment and shall include in the notice his address, and that address shall be his address for service.

(2)

On receipt of a claim made under this section, the bailiff shall forthwith give notice of such claim in Form MS 10 to the execution da’in and the execution da’in shall, within 4 days after receiving the notice, give notice in Form MS 11 to the bailiff informing him whether he admits or disputes the claim.

Syariah Courts Civil Procedure Code 38

(3)

Where —

(a)

the bailiff receives a notice from the execution da’in under subsection (2) disputing the claim, or the execution da’in fails, within the period mentioned in that subsection, to give the required notice;

and

(b)

the claim under this section is not withdrawn, the bailiff may apply to the Court for relief under this Part.

(4)

A bailiff who receives a notice from the execution da’in under subsection (2) admitting a claim made under this section shall withdraw from possession of the money, goods or other movable property claimed.