Syariah Courts Civil Procedure Code · s 164

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164.
Garnishment
(1) In this section, “property” includes a debt due by the garnishee to the judgment madin.
(2) The following provisions apply where the execution is ordered by attachment of property in the possession or control of a garnishee —
(a) the bailiff shall serve on the garnishee a notice of garnishment in Form MS 38, provided that, if the property is in the Court, the notice in Form MS 39 shall be used;
(b) all property specified in a notice of garnishment shall be attached to the extent or value mentioned therein, and any transfer or disposal of the property contrary to the terms of the notice, except with leave of the Court, shall be void against the bailiff and the judgment da’in, and such action shall be a contempt of court;
(c) the garnishee may pay to the bailiff the amount claimed or deliver to him the property attached;
(d) if the garnishee disputes the liability to pay the debt due or accruing due, he shall file a notice of objection in Form MS 40 to the
Registrar who shall then direct the bailiff to serve a garnishment summons in Form MS 41 and the Court shall examine the garnishee as to the property attached:
Provided that —
(i) no summons shall be issued against a public servant in respect of money or property in his possession, except with leave of the Court or with consent in writing required by any written law;
(ii) no summons shall be issued in the case of money, invested funds or property in any Court;
(e) the Court may hear other evidence on any garnishment summons;

Syariah Courts Civil Procedure Code
(f) after hearing the summons, the Court may make an order for payment or delivery and may order execution to be issued against the garnishee for any property found to have been lawfully attached by him, as if he were himself a judgment madin for the amount claimed against the original judgment madin, or for the amount or value of the property in the garnishee’s hands, whichever is less;
(g) the Court may —
(i) order costs against the garnishee and may then grant or refuse him his recourse therefor against the judgment madin;
(ii) allow costs to the garnishee against the judgment da’in and may grant or refuse leave to treat the costs as costs of the execution;
(h) if a debt due and payable by instalments is attached, the garnishee is not liable to pay except in accordance with the order for instalments;
(i)
payment by the garnishee under this section shall be a valid discharge against the judgment madin;
(j)
the bailiff may, at the request of the judgment da’in and shall, if so ordered by the Court, withdraw any garnishment notice or summons;
(k) a garnishment notice is deemed to be abandoned 3 months after service, unless proceedings under a garnishment summons are still pending or the Court otherwise orders.

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s 164Garnishment

(1)

In this section, “property” includes a debt due by the garnishee to the judgment madin.

(2)

The following provisions apply where the execution is ordered by attachment of property in the possession or control of a garnishee —

(a)

the bailiff shall serve on the garnishee a notice of garnishment in Form MS 38, provided that, if the property is in the Court, the notice in Form MS 39 shall be used;

(b)

all property specified in a notice of garnishment shall be attached to the extent or value mentioned therein, and any transfer or disposal of the property contrary to the terms of the notice, except with leave of the Court, shall be void against the bailiff and the judgment da’in, and such action shall be a contempt of court;

(c)

the garnishee may pay to the bailiff the amount claimed or deliver to him the property attached;

(d)

if the garnishee disputes the liability to pay the debt due or accruing due, he shall file a notice of objection in Form MS 40 to the

Registrar who shall then direct the bailiff to serve a garnishment summons in Form MS 41 and the Court shall examine the garnishee as to the property attached:

Provided that —

(i)

no summons shall be issued against a public servant in respect of money or property in his possession, except with leave of the Court or with consent in writing required by any written law;

(ii)

no summons shall be issued in the case of money, invested funds or property in any Court;

(e)

the Court may hear other evidence on any garnishment summons;

Syariah Courts Civil Procedure Code

(f)

after hearing the summons, the Court may make an order for payment or delivery and may order execution to be issued against the garnishee for any property found to have been lawfully attached by him, as if he were himself a judgment madin for the amount claimed against the original judgment madin, or for the amount or value of the property in the garnishee’s hands, whichever is less;

(g)

the Court may —

(i)

order costs against the garnishee and may then grant or refuse him his recourse therefor against the judgment madin;

(ii)

allow costs to the garnishee against the judgment da’in and may grant or refuse leave to treat the costs as costs of the execution;

(h)

if a debt due and payable by instalments is attached, the garnishee is not liable to pay except in accordance with the order for instalments;

(i)

payment by the garnishee under this section shall be a valid discharge against the judgment madin;

(j)

the bailiff may, at the request of the judgment da’in and shall, if so ordered by the Court, withdraw any garnishment notice or summons;

(k)

a garnishment notice is deemed to be abandoned 3 months after service, unless proceedings under a garnishment summons are still pending or the Court otherwise orders.