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In force2022 Revised Edition
Contents

Part · Hearing

124. Absence 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.

Report

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Judgments and Orders

Part

Appeal

Part

Enforcement and Execution

Chapter XIII

Chapter XIV

Chapter XV

Chapter XVI

Part

Rateable Distribution

Part

Interlocutory Proceedings and Interim Order

Chapter XVII

Chapter XVIII

Part

Powers of Judge and Registrar

Part

Court Fees, Costs and Allowances

Part

Contempt of Court

Part

General

Schedules