Syariah Courts Civil Procedure Code · 2022 Revised Edition · Chapter IX
53. When allowed
Official textFrom Attorney General's Chambers, unchanged
The Court may order service of a summons or an application out of the jurisdiction, whenever —
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;
the whole subject matter of an action brought relates to immovable property situated within Brunei Darussalam;
any relief is sought against any person bermastautin or bermukim or carrying on business within Brunei Darussalam;
the action being properly brought against a person duly served with the summons or application within the jurisdiction of the Court, a person out of the jurisdiction is a necessary or proper party thereto; or
in any case arising from marriage, one of the parties to the marriage at the time of the application is bermastautin and bermukim within Brunei Darussalam.
An order giving leave for service out of the jurisdiction shall direct in what mode the service is to be effected and how such service may be proved.
Terms defined in s 2
bermastautin
Defined · s 2“bermastautin” means permanently or ordinarily residing in a certain area;
bermukim
Defined · s 2“bermukim” means residing without the intention to bermastautin in a certain area whilst not being a traveller;
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;
property
Defined · s 2“property” means movable or immovable property and includes intellectual property;
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