Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter XV
157. Leave of Court for execution
Official textFrom Attorney General's Chambers, unchanged
An order of execution for enforcing a judgment or an order shall not be issued without leave of the Court —
order of execution
“order of execution” includes order of seizure, order of sale and order of delivery.
if the judgment or order is subject to any condition or contingency;
at any time more than 6 years from the date of the judgment or order;
if any change has taken place by death, assignment or otherwise in the parties entitled or liable to execution under the judgment or order;
if the judgment da’in desires to enforce the judgment or order against any person other than the judgment madin named in the judgment or order;
if an order of committal is still in force;
except as provided in section 137(2), if an order for payment by instalments is still in force; or
if execution has been stayed by the Court.
An application for leave to execute may be made ex parte in
Form MS 35 and shall state the method of execution requested, but the Court may require service of the application on any party or specified person as it thinks fit.
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;
The Court shall, if it is satisfied that the leave and the stated method is in order, grant the application.
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;
Syariah Courts Civil Procedure Code 66
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;
judgment madin
Defined · s 2“judgment madin” means a person liable under any judgment for payment of money;
order of execution
Defined · s 156“order of execution” includes order of seizure, order of sale and order of delivery.
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