Syariah Courts Civil Procedure Code · s 157

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157.
Leave of Court for execution
(1) An order of execution for enforcing a judgment or an order shall not be issued without leave of the Court —
(a) if the judgment or order is subject to any condition or contingency;
(b) at any time more than 6 years from the date of the judgment or order;
(c) if any change has taken place by death, assignment or otherwise in the parties entitled or liable to execution under the judgment or order;
(d) if the judgment da’in desires to enforce the judgment or order against any person other than the judgment madin named in the judgment or order;
(e) if an order of committal is still in force;
(f)
except as provided in section 137(2), if an order for payment by instalments is still in force; or
(g) if execution has been stayed by the Court.
(2) An application for leave to execute may be made ex parte in
Form MS 35 and shall state the method of execution requested, but the Court may require service of the application on any party or specified person as it thinks fit.
(3) The Court shall, if it is satisfied that the leave and the stated method is in order, grant the application.

Syariah Courts Civil Procedure Code 66

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s 157Leave of Court for execution

(1)

An order of execution for enforcing a judgment or an order shall not be issued without leave of the Court —

(a)

if the judgment or order is subject to any condition or contingency;

(b)

at any time more than 6 years from the date of the judgment or order;

(c)

if any change has taken place by death, assignment or otherwise in the parties entitled or liable to execution under the judgment or order;

(d)

if the judgment da’in desires to enforce the judgment or order against any person other than the judgment madin named in the judgment or order;

(e)

if an order of committal is still in force;

(f)

except as provided in section 137(2), if an order for payment by instalments is still in force; or

(g)

if execution has been stayed by the Court.

(2)

An application for leave to execute may be made ex parte in

Form MS 35 and shall state the method of execution requested, but the Court may require service of the application on any party or specified person as it thinks fit.

(3)

The Court shall, if it is satisfied that the leave and the stated method is in order, grant the application.

Syariah Courts Civil Procedure Code 66