Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter VII
32. Application to sue or defend as poor person
Official textFrom Attorney General's Chambers, unchanged
Any person who desires to commence or defend any action or other proceedings in his own right and is unable to pay the Court expenses, may apply to the Court for leave to sue or defend as a poor person.
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;
An application shall be made in Form MS 4 and supported by an affidavit and the applicant shall state therein —
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;
his name, place of abode and occupation;
that he is unable to pay the Court expenses; and
all the material facts of the case.
When the Court is satisfied —
that the applicant is unable to pay the expenses; and
that the applicant has a good cause of action or defence, as the case may be, the Court shall make an order allowing the applicant to sue or defend, as the case may be, as a poor person.
Syariah Courts Civil Procedure Code
After an order is made under subsection (3), the summons or other process in the action or other proceedings and the relevant entry in the register book shall be marked “poor persons”.
Where the Court is not so satisfied, it shall dismiss the application and there shall be no appeal against the dismissal.
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;
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