Syariah Courts Civil Procedure Code · 2022 Revised Edition · Part · Hearing
124. Absence of parties
Official textFrom Attorney General's Chambers, unchanged
When an action is called on for hearing, the Court may —
Court
“Court” means the Syariah Subordinate Court, the Syariah High Court or the Syariah Court of Appeal as the case may be, as established under section 6(1) of the Syariah Courts Act;
if the parties do not appear, cancel the action;
if the defendant does not appear, subject to formal proof of service of summons, hear and determine the action in his absence; or
if the plaintiff does not appear, dismiss the action and hear and determine any counterclaim.
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
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).
plaintiff
“plaintiff” includes an applicant and “defendant” includes a respondent.
The Court may in its discretion in the circumstances referred to in subsections (1) and (3) grant an adjournment.
Terms defined in this Act
Court
Defined · s 2“Court” means the Syariah Subordinate Court, the Syariah High Court or the Syariah Court of Appeal as the case may be, as established under section 6(1) of the Syariah Courts Act;
plaintiff
Defined · s 18“plaintiff” includes an applicant and “defendant” includes a respondent.
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