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Syariah Courts Civil Procedure Code · s 32

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s 32Application to sue or defend as poor person

(1)

Any person who desires to commence or defend any action or other proceedings in his own right and is unable to pay the Court expenses, may apply to the Court for leave to sue or defend as a poor person.

(2)

An application shall be made in Form MS 4 and supported by an affidavit and the applicant shall state therein —

(a)

his name, place of abode and occupation;

(b)

that he is unable to pay the Court expenses; and

(c)

all the material facts of the case.

(3)

When the Court is satisfied —

(a)

that the applicant is unable to pay the expenses; and

(b)

that the applicant has a good cause of action or defence, as the case may be, the Court shall make an order allowing the applicant to sue or defend, as the case may be, as a poor person.

Syariah Courts Civil Procedure Code

(4)

After an order is made under subsection (3), the summons or other process in the action or other proceedings and the relevant entry in the register book shall be marked “poor persons”.

(5)

Where the Court is not so satisfied, it shall dismiss the application and there shall be no appeal against the dismissal.