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Section 19

of Debtors Act 1957

ActIn forceProvision 18 of 23

Section 19

(1)

If it is shown to the satisfaction of the court, at any time after the issue of a writ of summons, by evidence on oath, that the plaintiff has a good cause of action against the defendant, and—

(a)

that the defendant is absent from the State and that his place of abode cannot be discovered;

(b)

that service of a writ of summons cannot without great delay or difficulty be effected; or

(c)

that the defendant, with intent to obstruct or delay the execution of any judgment which has been or may be made against him, has removed, or is about to remove, or has concealed, or is concealing, or making away with, or handing over to others, any of his movable or immovable property,

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the court may order that the property of the defendant, or any part thereof, be forthwith seized or attached by the appropriate officer as a pledge or surety to answer the just demand of the plaintiff, until the trial of the action and satisfaction of any judgment that may be made against the defendant; but such order shall not constitute the plaintiff a secured creditor if the defendant is adjudicated bankrupt:

Provided that any property of the defendant or debts due to the defendant if in the custody or under the control of or due from any

Government or public officer in his official capacity, shall be seized or attached only with the consent in writing of the Minister of Finance in the case of the Government of Malaysia or a Federal officer, or the Chief Minister in the case of a State Government or State officer.

(2)

In the case of immovable property the seizure shall be made in the manner provided by rules of court for the seizure of such property in execution of a judgment.

(3)

In case the immovable property is subsequently seized in execution in satisfaction of judgment in the action, any order of court which, pursuant to such seizure is registered in accordance with such rules of court as are referred to in subsection (2) shall have priority as though it had been registered upon the date on which any order under this section pursuant to the seizure of such property under this section was so registered.