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Syariah Courts Civil Procedure Code · s 17

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s 17Oral claim, application or defence

(1)

Notwithstanding the provisions of this Code, the Court may, in its discretion, allow any claim, application to be commenced or defence to be made orally:

Provided that in such a case, the Court shall record the particulars of the claim, application or defence having regard to the provisions of this Code relating to summons or applications, as the case may be.

Syariah Courts Civil Procedure Code

(2)

The Court shall serve a copy of the record made under subsection (1) on the party for whom the particulars of the claim, application or defence, as the case may be, is recorded.

(3)

On receipt of the record referred to in subsection (2), the party on whom it is served shall —

(a)

certify the particulars contained therein by setting down his signature or affixing his thumbprint on the record;

(b)

prepare sufficient copies of the record so that one copy can be served on all parties to the proceedings; and

(c)

serve one copy of the record to all parties at least 14 days before the specified date for trial of the action.

(4)

Where the Court allows a claim, an application or a defence to be made in accordance with subsection (1), it shall impose such fees as may be prescribed by the rules.