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Section 52

When allowed

of Syariah Civil Procedure Ordinance, 2001

State OrdinanceIn forceProvision 52 of 248
Section 52

—

(1)

The Court may order service of a summons or an application out of the jurisdiction—

(a)

if the whole subject matter of the action relates to immovable property situated within the State;

(b)

if any relief is sought against any person domiciled or ordinarily residing or carrying on business within the State;

(c)

if, the action being properly brought against a person duly served within the State, a person out of the State is a proper or necessary party thereto; or

(d)

if, in any case arising from marriage, the residence of one of the parties to the marriage is at the time of the application within the State.

(2)

Subject to section 54, any order giving leave to effect service out of the jurisdiction outside Malaysia shall direct in what mode the service is to be effected and how such service may be proved.