Section 121
Absence of parties
of Syariah Court Civil Procedure Enactment 2004
If, when any action is called on for hearing –
(a)
neither party appears, the Court may dismiss the action;
(b)
the defendant does not appear, the Court may, subject to proof of due service, hear and determine the action in his absence; or
(c)
the plaintiff does not appear, the Court may dismiss the action and hear and determine any counterclaim.
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(2)
The Court shall, before making any judgment on the plaintiff's claim under paragraph (1) (b) or the defendant's counterclaim under paragraph (1) (c), order the plaintiff or the defendant, as the case may be, to take an oath of istizhar.
(3)
Where there are more than one plaintiff or defendant and only one of them is present, the Court may hear the action against the one present and determine the action against the parties absent in accordance with subsection (1) or (2).
(4)
The Court may in its discretion in any of the cases specified in subsection (1) or
(3)
order an adjournment.