Syariah Courts Civil Procedure Code · s 153

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153.
Enforcement of judgment to do or abstain from doing act
(1) Where —
(a) a person required by a judgment or an order to do an act within such time as specified in the judgment or order refuses or neglects to do it within that time or within such time as extended or abridged under section 229, as the case may be; or
(b) a person disobeys a judgment or an order requiring him to abstain from doing an act, then, subject to the provisions of this Code, the judgment or order may be enforced by one or more of the following means —
(i) with leave of the Court, an order of committal;
(ii) where the person is a body corporate, with leave of the Court, an order of committal against any director or other officer of the body.
(2) Where a judgment or an order requires a person to do an act within such time as specified therein or an order is subsequently made under section 154 requiring the act to be done within some other time, references in subsection (1) to a judgment or an order shall be construed as references to the order made under section 154.
(3) Where under any judgment or order requiring the delivery of any movable property, the person liable to execution has the alternative of paying the assessed value of the property, and the judgment or order shall not be enforceable by an order of committal under subsection (1), but the Court

Syariah Courts Civil Procedure Code 64
may, on application of the person entitled to enforce the judgment or order, make an order requiring the first-mentioned person to deliver the property to the applicant within such time as specified in the order, and the order may be so enforced.
(4) An application under subsection (3) shall be made ex parte in
Form MS 33 and supported by an affidavit. An order of delivery shall be served on the person against whom the judgment is to be enforced.

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s 153Enforcement of judgment to do or abstain from doing act

(1)

Where —

(a)

a person required by a judgment or an order to do an act within such time as specified in the judgment or order refuses or neglects to do it within that time or within such time as extended or abridged under section 229, as the case may be; or

(b)

a person disobeys a judgment or an order requiring him to abstain from doing an act, then, subject to the provisions of this Code, the judgment or order may be enforced by one or more of the following means —

(i)

with leave of the Court, an order of committal;

(ii)

where the person is a body corporate, with leave of the Court, an order of committal against any director or other officer of the body.

(2)

Where a judgment or an order requires a person to do an act within such time as specified therein or an order is subsequently made under section 154 requiring the act to be done within some other time, references in subsection (1) to a judgment or an order shall be construed as references to the order made under section 154.

(3)

Where under any judgment or order requiring the delivery of any movable property, the person liable to execution has the alternative of paying the assessed value of the property, and the judgment or order shall not be enforceable by an order of committal under subsection (1), but the Court

Syariah Courts Civil Procedure Code 64

may, on application of the person entitled to enforce the judgment or order, make an order requiring the first-mentioned person to deliver the property to the applicant within such time as specified in the order, and the order may be so enforced.

(4)

An application under subsection (3) shall be made ex parte in

Form MS 33 and supported by an affidavit. An order of delivery shall be served on the person against whom the judgment is to be enforced.