Syariah Courts Civil Procedure Code · 2022 Revised Edition · Part · Hearing
129. Order of speeches
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2) —
the plaintiff shall begin by opening his case;
Syariah Courts Civil Procedure Code
each party may, before adducing evidence, open his case.
The Judge may give directions to the party who begins his case and as to the order of speeches at the trial.
Subject to the directions of the Judge under subsection (2) and the provisions of this section, the party who begins shall have the right to sum up his case.
When the plaintiff has adduced all evidence for his case, the Judge shall call upon the defendant to adduce evidence in answer to the plaintiff's claim, and in such a case, the defendant shall have the option either to adduce evidence or to submit that there is no case to answer.
plaintiff
“plaintiff” includes an applicant and “defendant” includes a respondent.
Where the defendant elects to adduce evidence on his behalf, the Judge shall record the evidence so adduced, and when the defendant has adduced all evidence on his behalf, the Judge shall ask the defendant to make a submission closing his case.
When the defendant has closed his case, the Judge shall ask the plaintiff to sum up his case in answer to the defendant’s submission.
Notwithstanding the provisions of this section, but subject to subsections (8) and (9), the Judge may order any party to submit a written submission in such form and within such time as he may direct.
form
“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;
Where the defendant elects not to adduce any evidence but elects to submit that there is no case to answer, the Judge shall —
record the defendant’s submission; and
order the defendant to take yamin denying the plaintiff’s claim, but if the defendant refuses to take such yamin, the Judge shall, subject to subsection (9), dismiss the defendant's case and allows the plaintiff’s claim.
Before the
Judge allows the plaintiff’s claim under subsection (8), the Judge shall —
hear and record the plaintiff’s submission in summing up his case; and
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order the plaintiff to take yamin mardudah admitting the truth of his claim, but if the plaintiff refuses to take such yamin, the Court shall dismiss his case.
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;
form
Defined · s 2“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;
plaintiff
Defined · s 18“plaintiff” includes an applicant and “defendant” includes a respondent.
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