Syariah Courts Civil Procedure Code · s 59

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s 59Powers of Court hearing summons

(1)

Where, on the hearing of a summons under this Part, all the persons by whom adverse claims to the subject matter in dispute (hereinafter in this Part referred to as the claimants) appear, the Court may order —

(a)

that any claimant be made a defendant in any action pending with respect to the subject matter in dispute in substitution for or in addition to the applicant for relief under this Part; or

(b)

that an issue between the claimants be stated and tried, and may direct which of the claimants is to be the plaintiff or defendant.

(2)

Where —

(a)

the applicant on a summons under this Part is a bailiff; or

(b)

all the claimants consent or any of them so requests; or

(c)

the matter at issue between the claimants is a question of law and the facts are not in dispute, the Court may summarily determine the claims and make an order accordingly on such terms as it thinks just.