Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter V
24. Devolution of interest
Official textFrom Attorney General's Chambers, unchanged
In the case of any assignment, creation, change, transmission or devolution of the interest, estate, title or liability of any party, between the commencement of any proceedings and judgment therein, the person to or upon whom the interest, estate, title or liability has come or devolved may apply to be added as a party or to be made a party in substitution for some other party, and the plaintiff may in like manner apply for such addition or substitution, if the party concerned was a defendant.
Notice of any application under subsection (1) shall be served on all parties.
notice
“notice” means written notice unless the Court in any case shall order otherwise;
Where an application should be made under subsection (1) and is not made within a reasonable period, the Court may, on its own motion or on the application of any party, order the party or person concerned to make the application within a stated time, and in default may strike out or dismiss the proceedings or order that the party or person concerned be precluded from defending, as the case may be.
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;
Where any of the matters referred to in subsection (1) has occurred after judgment and there is money in Court to the credit of the proceedings, the Court may order any person or persons to be served with any application for an order for payment out of Court.
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;
notice
Defined · s 2“notice” means written notice unless the Court in any case shall order otherwise;
plaintiff
Defined · s 18“plaintiff” includes an applicant and “defendant” includes a respondent.
Chapter VI
Chapter VII
Part
Syar’Ie Lawyer
Part
Service
Chapter VIII
Chapter IX
Part
Interpleader
Part
Pleadings
Part
Payment Into and Out of Court
Part
Amendment
Part
Discovery
Part
Transfer of Proceedings
Part
Settlement, Withdrawal and Discontinuance
Part
Evidence
Chapter X
Chapter XI
Chapter XII
Part
Hearing
Part
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