Syariah Courts Civil Procedure Code · 2022 Revised Edition · Part · Interpleader
56. Claim to money, goods etc. taken in execution
Official textFrom Attorney General's Chambers, unchanged
Any person making a claim to or in respect of any money, goods or other movable property taken or intended to be taken in execution of a judgment, or to the proceeds or value of any such goods or property, shall give notice of his claim in Form MS 9 to the bailiff charged with the execution of the judgment and shall include in the notice his address, and that address shall be his address for service.
property
“property” means movable or immovable property and includes intellectual property;
On receipt of a claim made under this section, the bailiff shall forthwith give notice of such claim in Form MS 10 to the execution da’in and the execution da’in shall, within 4 days after receiving the notice, give notice in Form MS 11 to the bailiff informing him whether he admits or disputes the claim.
bailiff
“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;
Syariah Courts Civil Procedure Code 38
Where —
the bailiff receives a notice from the execution da’in under subsection (2) disputing the claim, or the execution da’in fails, within the period mentioned in that subsection, to give the required notice;
and
the claim under this section is not withdrawn, the bailiff may apply to the Court for relief under this Part.
A bailiff who receives a notice from the execution da’in under subsection (2) admitting a claim made under this section shall withdraw from possession of the money, goods or other movable property claimed.
notice
“notice” means written notice unless the Court in any case shall order otherwise;
Terms defined in s 2
bailiff
Defined · s 2“bailiff” includes the Registrar or any officer of the Court charged with performing the duties of a bailiff;
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;
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Pleadings
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Payment Into and Out of Court
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Amendment
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Discovery
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Transfer of Proceedings
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Settlement, Withdrawal and Discontinuance
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Evidence
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Hearing
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Appeal
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Rateable Distribution
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Contempt of Court
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