Section 58
Mode of application
of Syariah Civil Procedure Ordinance, 2001
State OrdinanceIn forceProvision 58 of 248
Section 58
—
(1)
An application for relief under this Part shall be made by summons in Form MS 12 or MS 13, whichever is appropriate.
(2)
Subject to subsection (3), a summons under this section shall be supported by an affidavit stating that the applicant—
(a)
claims no interest in the subject matter in dispute other than for charges or costs;
(b)
does not collude with any of the claimants to that subject matter; and
(c)
is willing to pay or transfer that subject matter into
Court or to dispose of it as the Court may direct.
(3)
Where the applicant is a bailiff, he shall not provide such affidavit as is referred to in subsection (2) unless the Court otherwise orders.