Syariah Courts Civil Procedure Code · s 124

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s 124Absence of parties

(1)

When an action is called on for hearing, the Court may —

(a)

if the parties do not appear, cancel the action;

(b)

if the defendant does not appear, subject to formal proof of service of summons, hear and determine the action in his absence; or

(c)

if the plaintiff does not appear, dismiss the action and hear and determine any counterclaim.

(2)

The Court shall, before making any judgment on the plaintiff’s claim under paragraph (b) or the defendant’s counterclaim under subsection (1)(c), order the plaintiff or the defendant, as the case may be, to take yamin istizhar.

Syariah Courts Civil Procedure Code 54

(3)

Where there are more than one plaintiff or defendant and only one of them is present, the Court may hear the action against the one present, and determine the action against the parties absent in accordance with subsections (1) and (2).

(4)

The Court may in its discretion in the circumstances referred to in subsections (1) and (3) grant an adjournment.