Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter XV
177. Sale
Official textFrom Attorney General's Chambers, unchanged
When any property is sold in the course of execution —
property
“property” means movable or immovable property and includes intellectual property;
the sale shall take place between 8.00 a.m. and 4.00 p.m.;
the sale shall be, subject to paragraph (f), by public auction without reserve and every sale shall be paid in cash before the completion of the auction, no person on duty to perform the auction shall bid or otherwise directly or indirectly acquire or attempt to acquire any interest in the property sold. The judgment da’in may bid, unless the Court otherwise orders, and with prior consent of the Court the sale money and the amount adjudicated may be set-off between each other, and the judgment is deemed to be satisfied wholly or pro tanto accordingly;
a notice in Form MS 43 as to the date, hours and place of the sale and the property to be sold shall be posted at the Court and at the place of the sale not less than 7 days before the sale;
notice
“notice” means written notice unless the Court in any case shall order otherwise;
negotiable instruments and other securities may be sold without auction through the agency of a recognised stock and share broker; the sale shall not be subject to the consent of the Court;
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;
every sale shall be executed and completed by the Court;
in certain cases the Court may, if it has sufficient grounds, order the sale to be conducted in any other manner.
Syariah Courts Civil Procedure Code
Terms defined in s 2
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;
notice
Defined · s 2“notice” means written notice unless the Court in any case shall order otherwise;
property
Defined · s 2“property” means movable or immovable property and includes intellectual property;
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