CIVIL AND COMMERCIAL PROCEDURE LAW

Royal Decree No. 29/2002On issuing the Law of Civil and Commercial Procedure

We, Qaboos Bin Saeed Sultan of Oman, in Cognisance of the Constitution of the Stateissued by Royal Decree NO.1 01/96 and for the requirement of the public interest.

The provisions of the accompanying Law shall apply to all Civil, Commercial and Personalmatters suits.

This decree shall be published in the official Gazette and shall come into effect from the dateof publication (17/3/2002).

Qaboos Bin SaeedSultan of Oman

Issued on 22 Zul Hijra 1422(6111 March 2002)

Law of Civil and Commercial ProcedureIntroductory ChapterGeneral Provisions

Article 1The provisions of the Law of Civil and Commercial Procedure shall apply to suits, whichhave not yet been determined, and on the proceedings, which have not yet completedbefore the date of their implementation. Except the following:a) The provisions amending jurisdiction whenever the date of their implementation is

after closing the submission in the suit.b) The provisions amending the time limits whenever the time has started before the

date of their implementation.c) The provisions regulating the means of appeal with regard to judgement delivered

before the date of their implementation, whenever these provisions are cancelled orcreating one of these means.

Article 2Any procedures validly taken under an applicable Law shall remain valid unless otherwiseprovided for and newly introduced time limits shall not be applicable except from the date theLaw from which introduced them have become valid.

Article 3No claim or defense shall be allowed unless the person making such claim or defense hasan existing and legal interest recognized by the Law. However, possible interest shall besufficient if the object of the claim is a precaution to avoid imminent damage or to ascertainright the evidence of which is feared to disappear when it is disputed.

Article 4If the applicable Law in case of personal matter stipulates definite time limit for the party tostate his capacity, he may apply for the adjournment of the case until the expiry of such timeand without prejudice to his right to raise the defenses available to him after expiry of thetime limit.

Article 5Every summon or execution shall be effected through the court bailiffs at the court clericalsection at the request of the other party, the court clerical section or by the court order. Theparties or their representatives shall direct the proceedings and submit their documents tothe bailiffs for summoning or effecting them.

Article 6If it seems to the court clerical section that there is a reason not to accept the paper requiredto be summoned, it must submit the matter immediately to the judge of summary matters toorder, after hearing the claimant, either to summon the paper or not, or may make theamendment he thinks fit on the paper.

The applicant may object against the order to one of the Court of First Instance panelsconsists of three judges for final determination in the court discussion room after hearing theCourt Clerk and the applicant.

Article 7No summon shall be effected or executed before seven o'clock in the morning nor after fiveo'clock in the evening or on official holidays except in cases of emergent matters with awritten permission from the judge of summary matters or the judge of execution as the casemay be.

Article 8The summon papers which the bailiff will effect must comprise the following information:a) The date month, year and hour at which the summon is effected.b) The full name of the applicant, his tribe, title, profession or occupation, his domicile

and full name of his representative, his tribe, profession or occupation, his capacityand domicile.

c) Subject of the summond) Full name of the bailiff, the court where he is working and his signature on both the

original and the copy.e) Full name of the person to be summoned, his tribe, title, profession or occupation, his

domicile, if his domicile is unknown at the time of the summon, then his last knowndomicile.

f) Full name of the person to whom the copy of the summon is delivered, his title andhis signature or his thumb print on the original on the original, acknowledging thereceipt or stating his refusal to receive and the reason thereof.

Article 9The summon shall be delivered to the individual personally or at his domicile, the summonmay be delivered at the chosen domicile in the circumstances specified by the Law. If thebailiff does not find the person to be summoned at his domicile, he must deliver the summonto the person who declares that he is his representative or he is his employee or he isresiding with him whether spouses, relatives or in-laws.

Article 10If the bailiff does not find who is competent to deliver him the summon in accordance withthe aforementioned Article or the person he found has refused to sign the originalacknowledging the receipt, or refused to receive a copy then the bailiff must state in theoriginal and the copy of the summon and to deliver the copy in the same day to the Governor. or his deputy, the Sheikh or the Head of the Police Station in which jurisdiction the domicileof the person to be summoned is situated.

The bailiff must send within 24 hours letter by the registered mail to the person to besummoned at his original domicile informing him of the respective Authority to which thecopy of the summon is delivered.

The summon shall have its legal effect from the time of delivery of the copy to whom it waslegally delivered or from time the person to be summoned has refused to receive the copy or

refused to sign the original. Notwithstanding the court may order resummoning the personto be summoned if the copy has not been delivered to him personally.

Article 11If it appeared to the court clerical section that the person to be summoned has no knowndomicile where he cannot be summoned by the ordinary means, it must state that in theoriginal and copy of the summon and submit the matter to the Chief of the court or theconcerned judge to order summoning by publication in two weekly distributed dailynewspaper, the summon will have effect from the date of publication.

Article 12If the Law obliges a party to specify a selected domicile and he fails to do so or if the detailshe gave are inadequate or false, he may be summoned in the court clerical section with allthe papers which he should have been summoned at the selected domicile. If he haschanged his original or selected domicile and has not informed the other party accordingly,he shall be summoned at that domicile and a copy shall be delivered in case of dispute tothe concerned authority in accordance with Article (10) of this Law.

Article 13Unless it has been stipulated otherwise in special Law, the copy of the summon shall bedelivered in the following manner:a) With respect to the Departments of the Stat, shall be delivered to their head or who

act on their behalf.b) With respect to Public Authorities, Public Bodies and other juristic person shall be

delivered to their legal representatives or who act on their behalf.c) With respect to Commercial Companies, shall be delivered in the company's Head

Office to its Legal representative, who acts on his behalf, or to one of the jointpartners. If the company has no Head Office, the summon shall be delivered to oneof those personally or at his domicile.

d) With respect to other companies, associations, all other legal entities and soleproprietorship shall be delivered at its Head Administration Office to its legalrepresentative as per its Memorandum of incorporation or association or who acts on.his behalf or to one of the joint partners, if any of the above has no Head Office, theyshall be delivered to its representative personally or at his domicile.

e) With respect to foreign companies having branches or agents in the Sultanate, shallbe delivered to the branch manager or the agent.

f) With respect to Armed Forces, Police and Royal Guard shall be delivered to thecommander to which person to be summoned is reporting.

g) With respect to the prisoners, shall be delivered to the Director of the prison or whoacts on his behalf.

h) With respect to seamen of commercial ships or those who are working therein, shallbe delivered to the captain.

i) With respect to persons who have known domicile abroad, 'shall be delivered to thePublic Prosecution who shall send it to Ministry of Foreign Affair to summon themthrough the diplomatic channels, it may also, in this case, subject to reciprocity besent directly to the office of the diplomatic mission of the state where the domicile ofthe person to be summoned is situated. If the domicile of the person to besummoned is unknown abroad, the paper of summon must contain his last domicile

known in the Sultanate or abroad and the copy shall be delivered to PublicProsecution.

Article 14The Court imposes fine not less than Twenty Omani Rials and not exceeding Fifty OmaniRials on the applicant if he deliberately states false domicile of the person to be summonedintending the summon not to be received by him.

Article 15If the Law specifies for attendance or for the proceedings to occur, time limited by days,months, or years the day of serving the summon or occurrence of the matter which isconsidered in the eyes of the Law as the commencement of time limit shall not be counted, ifthe time limit which should expire before the proceeding, such proceeding shall not takeplace unless after expiry of the last day of the time limit. If the time limit estimated by hours,the hour at which it will start and hour at which it will expire shall be determined in theaforesaid manner.

Unless the Law provides otherwise, time limits specified by month or by year shall becalculated according to the Gregorian calendar.

Article 16If the time specified in the Law for attending or for taking such proceedings, one day isadded for every distance of 200 km between the place traveling from and the place travelingto, provided that, the distance time limit shall not exceed five days.

The distance time limit shall be fifteen days for the person whose domicile in the borderareas.

Article 17The distance time limit for whose domicile is abroad is thirty days .

. The Head of the Court or the summoning judge may order, the reduction of this time limitaccording to the convenience of transportation and the circumstances of urgency and thesaid order shall be stated in the summon. This time limit shall not apply to person who issummoned in person during his being in the Sultanate, the provisions of the precedingArticle shall apply on him.

Article 18If the Law stipulates a definite time for a proceeding to be taken by summon, the time limitshall not be deemed complied with unless the summon of the other party has been effectedwithin such time.

Article 19If the last day of the time limit falls on official holiday, the time limit shall be extended on thefirst working day thereafter.

Article 20Non compliance with the time limits and the procedure provided for in Articles 5,7,8,9,10,13of this Law shall render void the procedure.

Article 21The proceeding shall be void, if the Law expressly stipulates its voidness or if it has becomedefective due which the aim of the proceeding has not been realized. No judgmentrendering void the proceeding shall be passed, despite the fact that it is provided for it isproved that the object of the proceeding has been realized without causing injury to the otherparty.

Article 22Except in the cases the voidness is relating to the public policy, no other than the policy, noother than the person in whose favour the voidness is raised for, and the party who causedthe void shall not be allowed to raise it and it will cease to exist if the person in whose favourit is enacted, if he waives it expressly or impliedly.

Article 23Void proceeding may be corrected even after the voidness has been established, providethat correction shall be made within the time limit specified in the Law for taking suchproceeding, if the proceeding has no time limit in the Law, the court shall specify appropriatetime for correction, the proceeding shall not be considered valid unless from the date of itscorrection.

Article 24If the proceeding is void and elements of another proceeding have been met, the latter shallbe valid.

And if part of the proceeding is void, then only this part shall be void. The voidness of aprocess shall not render void the previous or subsequent procedure if the said procedure isnot based on it.

Article 25A clerk must attend the session in all the evidential proceedings to take minutes and to signit along with the judge, otherwise the action will be void.

Article 26The court staff or other judges assistants are not allowed to undertake any action which fallwithin the scope of their jobs and assigns in case pertaining to themselves or their spouses,relatives their in-laws of the fourth degree otherwise the action will be void.

Article 27Arabic is the official language of litigation, no papers or documents shall be admissibleunless it is written in Arabic or the translation of the same is enclosed with it.

In all cases, the authenticity shall be for the Arabic version and the court r:nay hear thetestimony of the parties and witness who d not know Arabic through a translator on oath.

Article 28The summoning judge at the Court of First Instance is the Chief of the said court or who isacting on his behalf or any of its judges who is deputed.

Book OneLitigation Before the Courts

Part OneJurisdictionChapter One

International Jurisdiction of the Court

Article 29Except cases of immovable property connected with property situated outside, the SultanateOmani courts shall have jurisdiction to hear suits filed against Omani National, even thoughhe has no domicile or place of residence in the Sultanate, also shall have jurisdiction to hearsuits filed against Non Omani National who has domicile or place of residence in theSultanate.

Article 30Omani courts shall have jurisdiction to hear suits filed against Non Omani National who hasno domicile or place of residence in the Sultanate in the following cases:(a) If he has chosen domicile in the Sultanate.(b) If the suit is related to property existing in the Sultanate or if it is related to obligation

arised, or periormed, or it would have been periormed therein or if it is connected withbankruptcy declared therein.

(c) If the suit is related to objection on marriage deed and the deed is intended to beexecuted by Omani Notary.

(d) If the suit is related to application for divorce, separation or divorcement and if the suitis filed by a wife lost her Omani Nationality by marriage whenever she has domicile inthe Sultanate, or if the suit is filed by a wife who has domicile in the Sultanate againsther husband who was domiciled therein whenever he deserted his wife and domiciledabroad after the occurrence of the cause of divorce, separation or divorcement or if hewas deported from the Sultanate.

(e) If the suit is related to alimony for one of the relatives, the wife or the minor, if any ofthem has domicile in the Sultanate or the minor who is residing therein.

(f) If the suit is in respect of attribution of a minor residing in the Sultanate, deprivationguardship on himself, restriction of the guardship or recovery of the same.

(g) If the suit is related to one of the personal matters issues and the plaintiff is OmaniNational or Non Omani National who has domicile in the Sultanate, provided that thedefendant has no domicile known abroad or if the Omani Law is the applicable Law onthe suit.

(h) If the suit is related to one of the issues of guardianship on property, when the minor orwho likewise or interdict, or affording him judicial assistance has domicile or place ofresidence in the Sultanate or where the last domicile or place of residence of thedisappeared was in the Sultanate.

Article 31Omani Courts shall have jurisdiction on inheritance matters and suit related to deceasedheritage if the suit is initiated in the Sultanate or if the testator is Omani National or theassets of the heritage or part thereof are situated in the Sultanate.

Article 32Omani Courts shall have jurisdiction to hear the suit- in other cases not stipulated in thepreceding Article- if the defendant has expressly or impliedly accepted assuming jurisdictionby such courts.

Article 33In all cases, where jurisdiction of any of Omani Courts has been established to hear thecase, the court shall have jurisdiction to determine on all primary matters and interlocutoryapplications in that suit, it shall also have jurisdiction to determine on every applicationconnected with it, and the proper course of justice requires to be heard along with the suit.

Article 34Omani Courts shall have jurisdiction to order the provisional proceedings which shall beexecuted in the Sultanate even if it has no jurisdiction on the original suit.

Article 35If the defendant does not appear and the court does not have jurisdiction to hear the case,the court from its own motion decides that it has no jurisdiction.

Chapter TwoJurisdiction with respect to Value and Kind

Article 36The Court of First Instance consists of one judge shall have jurisdiction to deliver primaryjudgment on all suits the value of which is not exceeding Fifteen Thousand Omani Rials anddeliver final judgment if the value of the suit is not exceeding One Thousand Omani Rials,without prejudice to the jurisdiction of the Court of First Instance which consists of threejudges to determine suits related to bankruptcy, discharge bankruptcy, taxes suits, suitsrelated to banks' operations, liquidation of companies, insurance, dispute between dealers infinancial papers and suits related to intellectual property, patent right, unestimated valuesuits and others which the Law may provide for, whatever the value of the suit.

Article 37The Court of First Instance consists of one judge shall have jurisdiction to deliver primarywhatever the value of the suit and final judgment if the value of the suits does not exceedOne Thousand Omani Rials, in the following cases:1. Suits related to utilization of water, purification of water springs-wells and watering

places.2. Bordering suits and assessment of distances in respect of buildings and Lands.3. Suits for partition of join property.4. Suits for claiming and fixing wages5. Ihramat suits6. Suits in respect to leasing agriculture land

Article 38Plaintiff shall not in a suit for possession combine between the claim for possession andclaim for title, otherwise, he will lose his claim for possession. The defendant shall not in asuit for possession relying on title, defendant's claim for title shall not be accepted before thedisposal of the suit for possession and the execution of the judgment passed therein, unlesshe waived the possession to his opponent.

Article (39)The Public Prosecutor, whenever a complaint relating to one of the disputes of possessionwhether it is civil or criminal, is submitted to him must issue after hearing the parties andmaking the necessary investigation, a provisional order having immediate effect, theaforesaid order shall be issued by a member of Public Prosecution in a position of ChiefPublic Prosecutor. The Public Prosecutor shall notify the concerned person of the orderwithin three days from the date of issuance of the same.

In all cases, objection against such order shall be submitted to the summary judge, througha Suit to be initiated according to the ordinary procedure, within fifteen days from the datehe was notified of the order. The judge shall issue a provisional judgment upholding,amending or reversing the order. The judge may at the request of the applicant suspend theenforcement of the order until he passes a decision on the objection.

Article 40Court of First Instance consists of one judge shall have no jurisdiction to judge oninterlocutory application or application which is connected with the original application, if itsvalue and kind is not within the scope of its jurisdiction. If such an application is submitted,the court may decide on the original application only, unless otherwise the proper course ofjustice is undermined, the court from its own mention orders the transfer of the original suit,and the interlocutory application and whatever is connecting therewith to the competentC?urt of First Instance consists of three judges. The court order transferring the suit is notsubject to appeal.

Article 41The Court of First Instance consists of three judges shall have jurisdiction to deliver primaryjudgment on all suits, which are not within the jurisdiction of the Court of First Instance,consists of one judge, whatever the value of the suit. The judgement of the said court shallbe final if the value of the suit does not exceed Three Thousands Omani Rials.

The court shall also have jurisdiction to decide on provisional and summary matters and allinterlocutory applications, in addition to applications connected with the original applicationwhatever its value or kind.

Article 42A judge who is a member of a panel, shall be deputed to the Court of First Instance Housewhere one or more. panels are situated to decide without prejudice to the right on urgent

If outside the precinct of the town where such court house is situated, the jurisdiction shall beassumed by the Court of First Instance consist of one judge, provided that this does notpreclude the court to assume jurisdiction on these matters if they are submitted to the courtby ancillary proceedings.

Article 43The Court of Appeal shall have jurisdiction to deliver final jUdgment on appeals submittedagainst primary judgments passed by the Courts of First Instance or summary judge.

Chapter ThreeLocal Jurisdiction

Article 44Unless the Law provides otherwise, the jurisdiction shall be for the court within the precinctof which the defendant is having domicile. If the defendant has no domicile in the Sultanate,the jurisdiction shall for the court within the precinct of which his place of reside?hce issituated. If there is more than one defendant, the jurisdiction shall be for the court within theprecinct of which the domicile of one of them is situated.

Article 45With respect to suits relating to immovable property and possession, the jurisdiction shall befor the court within the precinct of which the immovable property or part of it if situated withinvarious courts precincts.

With respect to suits relating to personal right on immovable property, the jurisdiction shallbe for the court within the precinct of which the immovable property is situated or thedefendant's domicile.

Article 46Suits against Departments of the State, Public Authorities and Public Bodies and otherPublic juristic persons, shall be filed before the court within which jurisdiction the of theirHead Offices are situated. The suits with respect to disputes related to the Branch of theDepartment Authority or Public Body or other Public Juristic persons may be filed before thecourt within which jurisdiction, the said branch is situated.

Article 47In suits related to deceased's estate which are filed by creditor or by some of the legal heirsagainst other legal heirs, before the distribution of the estate, the jurisdiction shall be for thecourt within the precinct of which the last domicile of the deceased is situated.

Article 48In disputes related to supplies, contracting, rent, salaries of labours manufactures and wageearners, the jurisdictions shall be for the court of the defendant's domicile, or to the courtwithin the precinct of which the agreement is made or executed, wherever the defendant hasdomicile therein.

Article 49In disputes related to claim for the value of the insurance, the jurisdiction shall for the courtwithin the precinct of which the beneficiary's domicile is situated or the place of the insured.

Article 50In commercial matters, the jurisdiction shall be for the court within the precinct of which thedefendant's domicile is situated or his place of business or the court within the precinct ofwhich the agreement is made and totally or partially performed, or the court within theprecinct of which the agreement must be performed.

Article 51In suits related to companies, existing association or under liquidation or privateestablishments, the jurisdiction shall be for the court within the precinct of which the HeadOffice is situated, whether the suit is filed against the company, association, establishmentor filed by the company, association or establishment against one of the partners, membersor filed by partner or member against the other.

The suit may be filed with respect to matter related to the branch of the company,association or establishment before the court within the precinct of which such branch issituated.

Article 52Declaration of bankruptcy cases, the jurisdiction shall be for the Court of First Instanceconsists of three judges, within the precinct of which the place of business of the bankrupt orhis main business center is situated if he has many places of business.

Article 53In bankruptcy matters, the jurisdiction shall be for the court declared the bankruptcy.

Article 54In suits including application for provisional measure, the jurisdiction shall be for the courtwithin the precinct of which the defendant's domicile is situated or the court within theprecinct of which the provisional measure is required to be effected.

Article 55The court hearing the original suit shall have jurisdiction on interlocutory applications, but inclaim for the guarantee may plead lack of jurisdiction if it has been proved that the originalsuit has only been filed for the purpose of bringing him before a court lacking jurisdictionother than this court.

Article 56If the defendant has no domicile or place of residence in the Sultanate and it has becomedifficult to locate the court of jurisdiction according to the aforementioned Article, then thejurisdiction shall be for the court within the precinct of which the plaintiff's domicile or place ofresidence is situated. If the plaintiff has no domicile or place of residence, then, thejurisdiction shall be for the court situated in Muscat.

Article 57If it is agreed that the jurisdiction shall be assumed by certain court, then the jurisdiction shallbe for the said courts or the court within the precinct of which the defendant's domicile issituated.

Provided, in cases where the Law provided for the court assuming jurisdiction other than thecourt stipulated in Article (44), no agreement shall be allowed to contradict this jurisdiction.

Chapter FourAssessment of the Value of the Suit

Article 58The value of the suit shall be assessed as on the day of filing the suit, the assessmentinclude customs, compensation, expenses and other supplementaries which have thenbecome due, and only rent which has become due after filing the suit until the day ofjudgment.

In all cases, the value of the building or planting shall be considered if a request for removalis submitted. The assessment shall be on the basis of the party's last request.

Article 59When assessing the value of the suit, the following shall be considered.1. The value of suits related to the ownership of immovable property and substantive

disputes related to execution over immovable property, shall be assessed accordingto the value of the immovable property. Value of suits related to easement shall beassessed for one fourth of the value of the immovable property. If the suit related tousufruct or the title of the immovable property, shall assessed for half value of theimmovable.

2. In all cases, the value of the immovable property shall be assessed according to thedocuments submitted by the parties, or by an expert appointed, for this purpose, bythe court.

3. The value of suits claiming possession shall be assessed for the value of the right onwhich possession is established.

4. The value of the suits pertaining to salary shall be assessed in case of dispute inrespect thereof, on twenty years salary basis, if the salary is perpetual or on tenyears salary basis if the salary for life. .

5. The value of suits related to agriculture products, shall be assessed according totheir value in the public market.

6. If the suit is for claiming the validity, voidness or recession of a contract, the value ofthe suit shall be assessed for the value of the subject matter of the contract. Forexchange contracts, the suit shall be assessed for the contract of whichever highervalue.

7. If the suit is for claiming the validity or voidness of a continuing contract, theassessment shall be based on the total pecuniary consideration for the entire periodof the contract. If it is for claiming recession of the contract, the assessment shall bebased on the pecuniary consideration for the period stipulated in the contract. If thecontract has been partially performed, the assessment shall be on the remainingperiod. If the suit is related to the extension of the contract, the assessment shall be

based on the period to which the dispute on the extension has arised.8. If the suit is between the attaching creditor and the debtor in respect of validity, or

voidness of attachment of movable property, the suit shall be assessed for the valueof the debt for which the attachment is imposed. If the suit is between creditor ordebtor in respect of security or possessory mortgage, or concession, the value of thesuit shall be assessed based on the value of the secured debt, and if the suit is filedby third party alleging his entitlement of the attached property or encumbered by theaforementioned rights, the value of the suit shall be assessed for the value of theseproperties.

9. The value of suits for verification of signature and original suits for forgery shall beassessed for the value of the right confirmed in the document for which a judgment isrequested to declare that the signature is real or forged.

Article 60If the suit has included several relieves arised from one cause of action, the assessment ofthe value shall be the total value of these relieves. If the relieves arised from different causesof action, the value of the suit shall represent the value of each relieve singly.

Article 61If the suit is filed by one or more plaintiffs against one or more defendants based on onecause of action, the suit shall be assessed based on the value of the right claimed, withoutreference to the share of each one of them on the right.

Article 62If the suit is in respect of part of a right, it shall be assessed based on the value of the partclaimed, unless, the whole right is disputed, then, the assessment shall be based on thevalue of the entire right.

Article 63If the suit is for a relieve not subject to assessment according to the aforementionedapplicable rules, the value of the suit shall be considered as exceeding Fifteen ThousandOmani Rials.

Part TwoChapter One

Filing and Registration of the Suit

Article 64The suit shall be filed at the request of the plaintiff by a plaint to be submitted to the courtclerical section. The plaint must contain the following details:1. Full name of the plaintiff, his tribe or title and his profession or job and domicile or his

chosen place and full name of his representative, his tribe or title and his profession orjob, and his capacity and domicile.

2. Full name of the defendant, his tribe or title and his profession or job and his domicile,if he has no known domicile, then, last domicile he had.

3. Date of submitting the plaint4. The court before which the suit is filed.5. Facts of the suits and the plaintiff's relieves therein and their evidence.

6. The plaintiff's signature or his representative after verifying the identity of each ofthem.

Article 65The plaintiff or his representative when submitting the plaint must pay in full the court feesand to provide the court clerical section, with copies of the plaint equal to the number of thedefendants with copy to the court clerical section. He must enclose with the plaint, copies ofthe documents supporting his suit and statement of claim explaining them.

Article 66The defendant must in all suits, except urgent cases, in which time limit for attendance hasexpired, must submit to the court clerical section his statement of defense enclosing hisdocuments along with it, before at least three days prior to the date fixed for hearing the suit.The suit is deemed to have been filed and having its effect from the date of submitting theplaint to the court even of the court has no jurisdiction.

Article 67Time limit for attending before the Court of First Instance is eight days and ten days beforethe Court of Appeal, from the date of serving with notice of the plaint or the appeal petition.

In case of urgency, the first time limit may be reduced to 24 hours and three days to thesecond time limit, by permission from the Chief of the Court or from the judge of provisionalmatters and copy of the same along with the plaint or appeal petition shall be served on theparty.

Article 68The court clerical section shall register the suit on the day of submitting the plaint in the courtregister in serialized manner after confirming the plaintiff presence or his representative andfile shall be opened for each case, to be submitted to the Chief of the court or who is actingon his behalf in his absence or one of the judges who is deputed to fix a session for hearingthe suit. The date of the session shall be fixed on the original and copy of the plaint in thepresence of the plaintiff or his representative.

The court clerical section must in the maximum deliver on the next day, the original plaintand its copy to the court bailiff section to effect the summon and return the original.However, in cases other than redemption cases. and provisional disputes, the original plaintand its copy may be delivered to the plaintiff, whenever he requests, to submit it to the courtbailiff section for effecting the summon and return the original to the plaintiff who shall deliverthe same to the clerical section.

Article 69The court bailiff must effect the summon within maximum twenty days from the date ofreceipt, provided that if the session fixed for hearing the suit falls during this period, then thesummon must be effected before the session. However, in all cases, the time limit forpresence is considered.

The court hearing the suit shall impose punishment of fine not exceeding Fifty Omani Rialsagainst the member of clerical or the bailiff section who delays the summon.

Article 70Non compliance with the time limit stipulated in the preceding Article does not render thesummon void. Also, non-compliance with the time limit for presence does not also render theproceedings void, this is without prejudice to the right of the person to be summoned toapply for adjournment to complete the time limit.

The litigation shall not deem to have been initiated in the suit unless the summon of theplaint is served on the defendant, unless he does not attend the session.

Article 71The suits may be considered at the request of the defendant as not existing, if he is notsummoned within three months from the date of submitting the plaint to clerical section andthat was attributed to the plaintiffs act.

Article 72If the plaintiff has left the litigation, or reconciled with his opponent in the first session forhearing the suit and before the submission, he shall only be entitled to one fourth of theprescribed fees.

Chapter TwoAssessment of the Fees

Article 73The fees prescribed for filing commercial suit shall be assessed on the following manner:1. 2% of the value of the suit with minimum limit of Thirty Omani Rials and maximum limit

of Three Thousands Omani Rials.2. Fixed fees of Three Hundred Omani Rials on cases for declaration of bankruptcy or for

the application arised therefrom, which can not be assessed according to the rulespertaining to the assessment of the value of the suit stipulated in Articles 58 to 63 ofthis Law.

3. If the suit is for a relief which is not subject to assessment, minimum fees shall be due,the court clerical section must settle the fees due on the day of delivering the judgmentaccording to the aforementioned rules of assessment.

4. The Minister of Justice shall issue regulation for the rules of assessment in cases notincluded in the rules stipulated in the aforementioned Clauses.

Article 74Without prejudice to the provisions of the Financial Law issued by Royal Decree No. 47/98,fees for civil suits and personal matters suits shall be determined by an order from theMinister of Justice.

Article 82The abandonment or withdrawal of the attorney shall not prevent the course of theproceedings against him, unless the opponent was notified of the appointment of hissubstitute or of the intention of the client to undertake the suit by himself. The attorneyshould not abandon the authorisation in an inappropriate time.

Article 83No any judge, member of Public Prosecution, or one of the court employees shall appear onbehalf of the parties, or for submission whether in writing, or verbally, or give advise even ifthe suit is filed before a court other then the court he is belonging to, otherwise, the act isvoid, they are however, authorised to do such act on behalf of those, they are legallyrepresenting, and on behalf of their wives, antecedents or their descendents up to thesecond degree.

Chapter TwoNon Appearance of the Parties

Article 84If neither the plaintiff nor the defendant appears, the court shall decide on the suit if it is fit fordetermination, otherwise, the court shall dismiss the same. If the suit stands dismissed forsixty days and neither of the parties apply for resuming the proceedings, or both parties donot appear after resuming the proceedings, then, the suit shall be deemed null and void. Thecourt shall decide on the suit if the defendant appears on the first session while the plaintiff,or plaintiffs or part of them do not appear.

Article 85•. If the defendant appeared on any session and submitted his statement of defense, thelitigation is deemed to be in his presence even if he does not appear after that, The plaintiffshall not claim any new relieves, in the session which his opponent does not appear oramend the first relieves. The defendant shall not also in the absence of the plaintiff requestdelivering judgment against the plaintiff for any relief.

Article 86If the defendant does not appear in the first session, after being personally summoned, thecourt shall decide on the suit. If he is not summoned in person, the court should except inurgent cases, adjourn the hearing to next session to which the absent party shall besummoned. The judgment on the suit in both cases shall be considered as decided inpresence. If these are several defendants some of them are summoned in person andothers are not summoned in person and they have not all appeared, or those who are notsummoned in person have not appeared, the court should except in urgent cases, adjournthe hearing to a next s~ssion for summoning who are not summoned from the absentees.The judgment shall be considered in presence against all the defendants.

Article 87If the court is convinced, upon non appearance of the defendant, that his summoning of theplaint is void, it must adjourn the suit to a next session to serve the defendant with a proper

Article 88If the absent opponent appeared in the court before the expiry of the session, then anyjudgment delivered against him shall be deemed null and void.

Part FourIntervention of Public Prosecution

Article 89The Public Prosecution may file the suit in the cases which the Law is providing for, ThePublic Prosecution shall have in such cases all right available to the parties.

Article 90Except in urgent suits, the Public Prosecution must intervene in the following cases,otherwise, judgment is void:1. Suits which the Public Prosecution may file by himself.2. Cassation and application before the Supreme Court and Court of Conflict of

Jurisdiction.3. Any other case the Law provides for the mandatory intervention of the Public

Prosecution

Article 91Except in urgent suits, the Public Prosecution may intervene in the following cases:1. Suits related to persons of no legal capacity or diminished legal capacity, absents and

lost persons.2. Suits related to waqf, gifts and wills allocated for charitable purposes.3. Lack of jurisdiction due to termination of the judicial authority.4. Suit for recusal of judges and members of Public Prosecution and litigating them.5. Bankruptcy preventive reconciliation.6. Suits related to public policy or morals which the Public Prosecution may think fit to

intervene.7. Any other case which the Law provides for the Public Prosecution to intervene.

Article 92The court may, at any stage of the suit send the file of the suit to the Public Prosecution, ifany matter relating to public policy or morals has arisen, in which case the intervention of thePublic Prosecution shall be mandatory.

Article 93The Public Prosecution is deemed to have been represented in the suit whenever hesubmits a memorandum of his opinion, he need not to appear in the session unless the Lawprovides for that.

Article 94The court clerical section in all cases where the Law provides for the intervention of the

Public Prosecution, must notify the Public Prosecution in writing once the suit is registered. Ifa matter, of which the Public Prosecution must appear, arised during the hearing of the suit,the Public Prosecution shall be notified by the order of the court.

Article 95The Public Prosecution shall at his request be granted at least seven days to submit hismemorandum. of opinion. This time shall start from the day on which the file is sent to thePublic prosecution along with the parties' documents and pleadings.

Article 96The intervention of the Public Prosecution shall be at any stage of the suit before the finalsubmission.

Article 97In all cases where the Public Prosecution is a joining party, the parties after the submissionof the Public Prosecution opinion and request, are neither allowed to address the court norto submit fresh pleadings; but they may submit a written statement for rectification of thefacts which have been stated by the Public Prosecution. Nevertheless, the court inexceptional circumstances where it thinks fit to accept new documents or complementarypleading, may permit the submission of the same, and permit re-submission, the PublicProsecution shall be the party who will end.

Article 98The Public Prosecution may appeal against the judgment, in the circumstances which theLaw requires or permits his intervention therein, if the judgment has contravened one of therules of public policy, or if the Law has provided for that.

Part FiveProcedure and Order of the Sessions

Chapter OneProcedure of the Sessions

Article 99The court shall start the session by proposing reconciliation to the parties, if thereconciliation is not reached, the hearing shall commence in the same session. If one of theparties produces in this session a document, which he is able to produce within the time limitprovided for in Article (66) of this Law, the court will accept the same, provided thataccepting the said document does not result in the adjournment of the hearing, if theacceptance of the document results in the adjournment of the hearing, the court shall imposea fine of not less than ten Omani Rials and not exceeding Twenty Omani Rials against theparty who produced the document. Nevertheless, it shall be permissible for both plaintiff andthe defendant to produce a document in reply to the defenses or claims alleged by hisopponent.

Article 100The suit shall not be adjourned more than once for a reason attributed to one of the parties,provided that the period of adjournment does not exceed two weeks.

Article 101The court shall adjudge, any of its employees or the parties who fails to lodge the documentsor fails to take any of the litigation proceedings within the time limit specified by the court, topay fine of not less than Ten ,Omani Rials and not exceeding Twenty Omani Rials. The courtorder is not subject to appeal and shall be noted in the record of the session, having theforce of executive decree. The court may exempt the party, against whom the order of fine ismade, from paying the whole fine or part of it, if he indicated an acceptable justification. Thecourt instead of adjudging to pay fine, may after hearing the defendant, decide to suspendthe suit for a period not exceeding three months. If the plaintiff does not apply for resumingthe proceedings after thirty days from the expiry date of the suspension period, or if he doesnot execute what the court has ordered, the court may decide that the case is null and void.

Article 102Fine judgments shall be executed after the court clerical section notifies the judgment debtorof the court ruling vide a letter to be sent by the registered mail.

Chapter TwoThe Order of the Session

Article 103The sessions shall be in open court unless the court from its own motion or at the request ofone of the parties, orders the session to be behind close doors for public policy considerationor public morals or for maintaining family privacy.

Article 104The parties submission must be heard and shall not be interrupted, unless they havedeviated from the subject of the suit or the requirements of the defense. The defendant shallwithout prejudice to the provisions of Article (97) be the party who will end.

Article 105The parties are allowed at any stage of the suit, request the court to note in writing in therecord what they have agreed upon and to be signed by themselves or their authorisedrepresentatives. If they wrote what they have agreed upon, the same and its contents shallbe attached and noted in the record. The record shall have in both cases the force of theexecutive deed, a copy of which shall be given in accordance with the prescribed rules fordelivery of copies of judgments.

Article 106The court may from its own motion, orders the deletion from any paper of the submission orthe pleadings, such abusive words, or which are against the public policy or morals.

Article 107The President is responsible for the control and direction of the session, he directs thequestions to the parties and witness, the members of the court may direct whatever questionthey think fit upon his permission.

The President of the session may order whoever disturb the order of the session to leave thecourt hall, if he does not obey the order, the court may detain him for twenty four hours, or

If the disturbance caused by one who is carrying a job in the court, the court may applyagainst him during the session, the disciplinary measures, which his Head of departmentmay apply.

The court may before the end of the session, retract from the ruling it has issued inaccordance with the previous two clauses.

Article 108The court may adjudge whoever commit assault misdemeanour during the court sessionagainst the court panel, any of its members, or any of the court employees, the court shallpronounce an immediate judgment against him for the prescribed punishment according tothe Penal Law.

The court may also adjudge whoever commits perjury in the session and punish him with theprescribed punishment for perjury.

Article 109Subject to the provisions of the Law governing the Legal Profession, the President of thesession shall order a record to be prepared for any crime committed during the course of thesession and to order an investigation proceedings to be taken, then, refer the papers to thePublic Prosecution for taking the necessary action, and if the crime committed is felony ormisdemeanor, he may, if the circumstances require, issue arrest warrant against the personwho committed the crime.

Part SixDefenses, Joinder, Joining and Interlocutory Applications

Chapter OneDefenses

Article 110The defense of lack of local jurisdiction, or the defense for transfer of suit to another courtwhere the same dispute is arising or because another suit connected with it has alreadybeen initiated there, and any defense related to the proceedings and not to the public policy,must be raised together prior to any application or defense in the suit or defense of nonacceptance, otherwise defendant's right in respect of these non included defenses, willexpire.

The court shall decide on these defenses separately, unless it decides to join them to thesubject, in which case shall clarify its decision on each one of them separately.

Article 111The defense of lack of power due to lack of jurisdiction, or by reason of kind and value of thesuit, and the defense of res judicata, shall be determined by the court from its own motionand it may be raised at any stage of the suit.

Article 112If the court ruled that it has no jurisdiction, it should transfer the suit to the competent court,the court may then, imposes fine not exceeding Hundred Omani Rials against the plaintiff,the court should fix a session for the parties to appear before the court to which the same istransferred. The court clerical section shall notify the absent parties of the court ruling. Thecourt to which the suit is transferred shall hear the same.

Article 113If the parties agreed to litigate before a court other than the court where the suit is filed, thesaid court may transfer the suit to the court the parties have agreed upon.

Article 114If the same dispute is submitted before two courts, the defense for transfer must be raisedbefore the court where the dispute is submitted later.

The defense may also be raised before any of the two courts for transferring the suit to theother court if it is connected with another suit filed before the other court, the court to whichthe suit is transferred shall hear the same.

Article 115The voidance of plaints, notice of the same, and voidance of papers of summon arised froma defect in the summon or in the court details or in the date of the session shall cease by theappearance of the summoned party in the session or by lodging his statement of defense.

Article 116The defense of non acceptance of the suit, may be raised at any stage of the suit, if the courtbelieves that, the defense of non acceptance of the suit as the defendant has no capacity, isgrounded, then, the court shall adjourn the hearing for summoning the defendant who hascapacity, the court may in this case inflict fine not exceeding Twenty Omani Rials on theplaintiff.

If the suit is filed against one of the government departments, or public juristic person, theeffect of the correction shall apply since the day of filing the suit, even if the said correctionhas been made after the time limit prescribed for filing the suit.

Chapter TwoJoinder and Joining

Article 117Subject to the provisions of Article (67), the party filing the suit may join upon filing the suitwhoever may properly be sued therein, according to the normal procedure for filing the suitprior to the date of the session. The court from its own mention, may order the joinder ofwhoever it may think his joinder will serve justice or reveal the truth. The court shall fix a datefor him and for the party joining him to appear before he court.

Article 118The party may join the suit as guarantor according to the normal procedure for filing the suit,

whenever a cause of action related to the guarantee has arised. The court must accede tothe party's request for adjourning the hearing of the suit to join a guarantor therein, if theparty has informed his guarantor to appear before the court within eight days from the dateof summoning him, or if the cause of action necessitating the guarantee has arised, or if theaforementioned eight days have not expired before the date fixed for hearing the suit. Exceptthis case, the adjournment for joinder of a guarantee is left to the discretion of the court.

The court shall determine the guarantee application and the original suit on one judgment,whenever that is possible, otherwise, the guarantee application will be determined by thecourt after the judgment on the original suit.

Article 119If the court orders the joinder of the guarantee application to the original suit, the judgmentdelivered against the guarantor shall be in favour of the original plaintiff even if he has notmade any claim against him, and the party claiming the guarantee may apply for excludinghim from the suit, if he is not liable for personal obligation.

Article 120If the court decides that the guarantee application has no ground; it may order the partyclaiming the guarantee to pay compensation for the delay in determining the original suit.

Article 121Every interested person may join the suit to any of the parties or claiming judgment for arelief connected with the suit. The application for joining shall be in accordance with thenormal procedure for filing the suit, prior to the date of session, or by verbal application in thepresence of the parties, and to be noted in the record of the same. Application for joiningshall not be allowed after the final submission.

Article 122The court shall decide on every dispute relating to acceptance of joining, and if the courtbelieves that the application for joinder or joining has no basis of genuine interest, it shallreject the application.

In all cases, joining application shall not stay passing the judgment in the original suitwhenever it is fit for judgment. The court shall decide on joining applications together withthe original suit, whenever it is possible, otherwise, it shall retain the joining application forjudgment after materialization of the same.

Chapter ThreeInterlocutory Applications

Article 123Interlocutory applications from the plaintiff or the defendant shall be submitted to the courtaccording to the normal procedure for filing the suit before the date of the session or byverbal application to be submitted in the session in the presence of the other party, and shallbe noted in the session record. Interlocutory applications shall not be allowed after finalsubmission.

Article 124The plaintiff may submit the following interlocutory applications:I. Correction of the original application or amendment of its subject to overcome

circumstances occurred or appeared after filing the suit.2. Complementary application to the original one or arising therefrom or connected with,

in such a manner which is indivisible.3. Addition or amendment in the cause of action while the subject of the original

application remains the same.4. Order for precautionary or provisional proceedings.5. Whatever the court may permit to be submitted which is being related to the original

application.

Article 125The defendant may submit the following interlocutory applications:1. Application for judicial set-off and claim for compensation for any injury he suffered

from the original suits or from a proceeding therein.2. Any application the granting of which will not award the plaintiff all his relieves or part

of them, or may be awarded, but subject to a restriction in favour of the defendant.3. Any application which is connected with the original suit in such a manner which is

indivisible.4. What the court may permit to be submitted which is being related to the original suit.

Article 126The delivery of judgment shall not be stayed due to submission of interlocutory applicationswhenever the suit is fit for determination. The court shall, whenever it is possible, decide onthe interlocutory application together with the original suit, otherwise, shall retain theinterlocutory application for judgment after materializing of the same.

Part SevenInterruption of Course of Litigation Suspension,

Discontinuance, Lapse, Expiry And Abandonment of the LitigationChapter One

Article 127The suit may be suspended as per the parties' agreement for maximum period of six monthsfrom the date the court has confirmed their agreement, such suspension shall have no effecton any definite time limit the Law has specified for a proceeding.Neither the parties shall be allowed to resume the suit during the said period without consentof the other party.

If the suit is not resumed during the next ten days subsequent to the expiry period, theplaintiff shall be deemed to have abandoned his suit and the appellant deemed to haveabandoned his appeal.

Article 128Except in other cases where the Law provides for mandatory or discretionary suspension ofthe suit, the court may order the suspension of the suit, whenever it considers that issuanceof the judgment on the merits depend on determination of another matter related to the

judgment. As soon as the reason for suspension has ceased, any of the parties may applyfor fixing a session to resume the course of the suit.

Chapter TwoDiscontinuance of Course of Litigation

Article 129The course of litigation shall discontinue by the force of Law due to death of one of theparties, or becomes incapacitated, or termination of the legal capacity of the person who wasundertaking the litigation on his behalf, unless the suit has become ready for judgment on itsmerits.

Nevertheless, if one of the parties requests for time to summon who may act on behalf of theparty in whose respect the cause of discontinuance has been established, the court, beforedetermining the discontinuance of the course of litigation must order him to effect thesummon within time to be specified by the court. If he does not serve the summon within thetime without any cause, the court shall order the discontinuance of course of litigation fromthe date it has been established.

The litigation shall not be discontinued due to the death of the attorney, or the termination ofhis power of attorney by retirement or dismissal.

The court may grant reasonable time for the party whose attorney has died or his power ofattorney has expired, if he has started and appointed new attorney within the fifteen dayssubsequent to the expiry of the first power of attorney.

Article 130The suit is considered suitable for judgment on its merits when the parties have indicatedtheir statement and their final claims in the session submission before the death, incapacityor termination of the capacity.

Article 131Discontinuance of litigation shall result in suspension of all time limits for proceedings whichwere running against the parties, and nullity of all proceedings which take place during thediscontinuance.

Article 132The suit shall be resumed by summoning the legal heirs of the deceased, who act on behalfof the incapacitated or whose capacity is terminated, at the request of the other party, or bysummon to be served on this party at the request of these parties. The course of the suit willalso be resumed by appearance in the session fixed for hearing it, of the legal heirs of thedeceased or who act on behalf of the incapacitated or on behalf of whose capacity has beenterminated, and undertaking the course of proceeding therein.

Chapter ThreeExpiry and Lapse of the Litigation By Prescription

Article 133Whoever interested of the parties to the litigation, whenever one year has expired from thelast proper proceeding of the litigation may apply for a judgment declaring the litigation asexpired, in case the course of the suit has not been resumed, due to the plaintiff's act orforbearance.

The period of expiry of litigation in cases of discontinuance shall not commence except fromthe day in which the party, who applies for the expiry of litigation notified the legal heirs of hisdeceased opponent, or who has become acting on behalf of the incapacitated or whosecapacity has been terminated.

The period prescribed for expiry of the litigation shall apply against all persons even those ofno capacity or diminished capacity, this without prejudice to their right to recourse againsttheir representatives for compensation, due to their negligence in following up the suit, whichhas resulted in the expiry of the same,

Article 134:The application for the expiry of the litigation shall be submitted to the court where the suit isfiled, according to the normal procedure for filing the suit.

The expiry of the litigation may be pleaded as a defense if the plaintiff applies for resumingthe proceedings after the expiry of one year.

The application or the defense shall be against all plaintiffs or appellants, otherwise it wouldnot be acceptable.

Article 135The judgment declaring the expiry of the litigation shall render expired all decisions passedtherein for undertaking proof of the same, and cancellation of all litigation proceedingsincluding the proceedings of filing the suit, however, the judgment does not extinguish theright in the original suit nor does the right in the final judgments issued therein, or the right inthe proceedings prior to these judgment or declarations made by the parties. Provided thatthe expiry of the litigation does not preclude the parties from pleading the proceedings of theinvestigation and the expertise works which were carried out, unless they are void per se.

Article 136When the expiry of litigation has been determined at the appeal stage, the appealedjudgment shall be considered in all circumstances as final, and when the expiry of litigationhas been determined at the review stage, prior to the acceptance of the request for review,the request shall expire. But after the judgment accepting the review, then the rulespertaining to appeal or the first instance as the case may be, shall apply.

Article 137In all cases, the litigation shall lapse by expiry of two years from the last proper proceeding

taken therein, however, this rule does not apply on cassation pending before the SupremeCourt.

The consequences follow the lapse of litigation shall be the same consequences that followthe expiry of the same.

Chapter FourAbandonment of Litigation

Article 138The plaintiff may abandon the litigation through a notice to his opponent or by expressingstatement in a memorandum signed by him or his legal representative informing theopponent of it, or by indicating that verbally in the session and noted in the records.

Article 139Abandonment shall not happen after the defendant has stated his requests, unless heaccepts the same, however, his objection will not be considered if he pleaded lack of thecourt jurisdiction, transfer of the suit to another court, or voidness of its plaint, or the suitshall not be heard as it has previously been determined (res- judicata) or any other defenseswhich are intended to preclude the court from hearing the suit.

Article 140The abandonment shall be followed by cancellation of all litigation proceedings including thesuit filing, the abandoned party shall bear the expenses. However, the original right for whichthe suit is filed shall not be affected.

Article 141If the party while the litigation is existing, waived any measure or any of the submissionsdocuments expressly or impliedly, the said measure or document is deemed to have beennull, waiving the judgment shall be followed by waiving the right established thereby

Part EightIncompetence, Recusal And Removal of Judges

Article 142The judge shall be incompetent to consider the suit and shall not be allowed to hear thesame, even if he is not recused by any of the parties, in the following cases:1. If he is a relative or in- law of one of the parties up to the fourth degree.2. If he or his wife has outstanding litigation with one of the parties or with his wife.3. If he is agent of one of the parties in his private business, his guardian, his curator, or

suspect to inherit him, or he has blood or marriage relationship to the fourth degreewith the guardian of one of the parties, his curator, or with a member of the Board ofDirectors of the litigating company or one of its Directors who has personal interest inthe suit.

4. If he, his wife, one of his relatives or his in- laws or when he is his agent, guardian, orcurator has interest in the outstanding suit.

5. If he rendered legal opinion, pleaded on behalf of one of the parties in the suit, orwrote on it even before joining the judiciary or if he had previously heard it as a judge,

Article 143The judge's act or judgment shall stand void in the cases provided for in the precedingArticle, notwithstanding that, it has been done by the agreement of the parties.

If this voidness occurred in a judgement passed by the Supreme Court, the party mayrequest the court to reverse the judgment and review the cassation before another panel.

Article 144The judge may be recused for one of the following reasons:1. If he or his wife has a suit similar to the suit he is hearing, or if a litigation between any

one of them and one of the opponents has arisen, or for his wife after the initiation ofthe suit pending before him, unless this suit is filed for the purpose recusing him fromthe suit pending before him.

2. If his divorced wife from whom he has a child, or one of his relatives, or one of hisrelatives by marriage, has an outstanding litigation with one of the parties to the suit orwith his wife, unless this litigation has been initiated after the initiation of the suitpending before the judged required to be recused.

3. If one of the parties is his servant, or if he habitually eats and lives with one of theparties in a same place, or if he received a gift from him before or after filing the suit.

4. If there is enmity or intimate relationship between him and one of the parties whichprobably disallows him to deliver a judgment without bias.

Article 145If the judge is competent to hear the suit, or if one of the reasons for his recusal has beenestablished, he should inform the court in the discussion room or the Chief of the Court ofFirst Instance, as the case may be, of the reason recused for permitting him to retire. Thesame shall be noted in special record to be kept with the court.

Article 146The judge, may in cases other than provided for in Articles (142) and (144), if he feels forany reason it is embarrassing to hear the suit, may suggest to the court in the discussionroom, his retirement or to Chief of the Court of First Instance to obtain his approval forrecusal.

Article 147The application for recusal must be submitted prior to any argument or defense, otherwise,the right therein will expire. If the recusal against a judge deputed for one of the evidentialproceedings, the request shall be submitted within three days from the day of deputing if thedecision for deputing is issued in the presence of the applicant, and if the decision wasissued in his absence, then, the three days shall start from the day of notification. Theapplication for recusal may be submitted if the reasons for the same have arisen after theprescribed time, or if the applicant proves that, he has not become aware of the reasons onlyafter the expiry of these time limits.

Article 148The application for recusal shall not be allowed after the final submission or from a party who

previously applied for the recusal of the same jUdge in the same suit. The recusal applicationin these two cases shall not suspend the suit as provided for in Article (157) of this Law.

The party's right in the application for recusal shall expire, if it is not confirmed prior to thefinal submission in a previous application for recusal submitted in the suit, whenever he isnotified of the session fixed for hearing the same, and the reasons for recusal were existinguntil the final submission.

Article 149The recusal shall take place by a report to be lodged with the clerical section of the court towhich the judge required to be recused is following, and shall be signed by the applicant,himself or his authorised attorney vide special power of attorney to be attached with thereport. The report must contain the reasons for recusal together with the corroboratingdocuments.

The applicant must pay when lodging the report Two Hundred Omani Rials as security. Thejurisdiction for hearing application for recusal of any of the judges of the Court of FirstInstance, shall be for one of the Court of Appeal panels, within the jurisdiction of which theCourt of First Instance to which the judge required to be recused follows, is situated. Thejurisdiction for hearing application for recusal of the judge in the Court of Appeal or in theSupreme Court shall be for a panel in the Court of Appeal or in the Supreme Court, as thecase may be, other than the panel where the judge required to be recused is a member.

Article 150If the recusal is taking place against a judge who sits for the first time to hear the suit, in thepresence of the parties, the recusal may be by a memorandum to be delivered to the courtclerk. The applicant must confirm the application with the court clerical section in the sameday or the next day, otherwise the right in respect thereof will expire.

Article 151The court clerical section must submit within twenty four hours, the recusal report to thehead of the court along with statement indicating the resucsal applications submitted in thesuit and what was taken therein, the head must inform the judge required to be recused ofthe report immediately and send copy of the same to the Public Prosecution.

Article 152The judge required to be recused must reply in writing to the facts and reasons for recusalwithin the next four days of information. If the reasons legally deserve to be replied and thejudge required to be recused does not reply to them within the limited time or admits them inhis reply, then, the Chief of the Court shall order him to retire.

Article 153In other cases not provided for in the preceding Article, the following procedures shall betaken:a) If the judge required to be recused, is one of the Court of First Instance judges, the

Chief of the Court of First Instance shall send the papers to the Chief of the competentCourt of Appeal, the next day after the expiry of time limit. The Chief of the competentcourt to hearing the application, shall appoint according to Article (149), the panel

1. The court clerical section will inform the other parties in the original suit of thesession fixed for hearing the application for recusal, to submit their applicationsfor recusal (if any) according to Clause (2) of Article (148) of this Law.

2. The panel hearing the application, after hearing the applicant, and the judge'scomments at the litigation or if he requests so and the representative of thePublic Prosecution if he joins the suit, shall decide on the same in the discussionroom, then, gives its decision within a period not exceeding two months from thedate of the report. It shall not be allowed in discussing the recusal application tointerrogate the judge nor shall administer oath to him.

3. The judgment issued on recusal application shall be pronounced together with thereasons in an open Court, Application for recusal of one of the judges hearing therecusal application shall not be allowed and no suspension of the proceedings forhearing the recusal application shall insue. In all cases, no appeal shall be allowedagainst the judgment rejecting the application for recusal, except with the appealfiled against the judgment delivered in the original suit.

Article 154

If the judge required to be recused is deputed from another court, the Chief of the Court shallsend the recusal report and its documents to the court which the judge is following forinforming him of the report and receives his reply then, return them to the former court toapply the provisions prescribed in the preceding Articles.

In case the applications for recusal are submitted before the final submission in respect ofprevious application for recusal, the Chief of the Court must transfer these applications to thesame panel hearing that application to determine them in one judgment without compliancewith the provisions of Articles (152) and (154) of this Law.

In cases of rejection of the application for recusal, expiry of the right therein, acceptance orwaiver of the same, the court shall punish the applicant with fine of not less than TwoHundred and Fifty Omani Rials and not exceeding Five Hundred Omani Rials andconfiscation of the security. In case the recusal is based on the reason provided for in Article(144)(d), then, the fine may extend to One Thousand Omani Rials.

In all cases, the fine shall be enumerated in accordance with the number of the judgesrequired to be recused. The applicant shall be exempted from payment of fine, in case ofwaiver in the first session, or if the waiver is due to retirement, transfer or termination ofservice of the judge required to recused.

Article 157As a consequence of submission of application for recusal, the original suit shall be

suspended until the application is finally determined, nevertheless, the Chief of the Courtmay depute another judge instead of the judge required to be recused.

Article 158If the application for recusal is rejected, or the right therein has expired, not accepted orwaived the same, submission of any further application for recusal shall not suspend theoriginal suit, nevertheless, the court hearing the application may at the request of one ofthose who are concerned, order the suspension the course of the original suit, in which casethe provision of the preceding Article shall apply.

Article 159The preceding rules and procedure shall be followed in case of recusal of member of PublicProsecution, if he is a joining party for any of the reasons provided for in Article (142) and(144) of this Law.

Article 160It shall not be permissible to apply for the recusal of all judges of the court or some of them,in a manner that no enough judges will be left to determine the original suit or the applicationfor recusal.

Article 161If the judge files a suit for compensation or criminal case against the applicant, his judicialauthority is deemed to been expired to adjudge the suit and he should retire from hearing thesame.

Part NineJudgementsChapter One

Issuance of Judgments

Article 162Judgment shall be issued and executed in the name of His Majesty, The Sultan.

Article 163The discussion of judgment shall be behind closed doors between the judges collectively. Noone shall participate in the discussion except the judges who heard the submission,otherwise, the judgment shall be null and void.

Article 164The court shall not during the discussion hear one of the parties or his attorney, except in thepresence of his opponent, or accept documents or pleadings from one of the parties withoutinforming the other party of them, otherwise, the act shall be void.

Article 165Judgment shall be issued unanimously or by majority, if the majority is not available and theopinions are diverged to more than two opinions, then the group of small number or thegroup which include the latest judges, shall join one of the two opinions given by the group oflarge numbers after taking the opinions for second time.

Article 166The judges who participated in the discussion, must attend the pronounce of the judgment, ifsome preclusive event occurs to one of them which does not terminate his judicial authority,he must sign the draft of the judgment, and the same shall be confirmed on the original copyof the judgment.

Article 167The court may after the submission is finished, pronounce the judgment in the session. Thecourt may also adjourn the issuance of the judgment to a near fixed session.

If the circumstances require adjournments of issuing the judgment, for the second time, thecourt shall permit the same in the session, mentioning the date fixed for pronouncing thejudgment and stating the reasons of adjournment in the session record. The court shall notafter that adjourn the issuance of the judgment for more than one time only.

Pronouncing the decision adjourning the judgment is considered as notice to the parties ofthe new date.

Article 168The court may re-open the submission after fixing a session for pronouncing the judgment,vide a decision with sound reasons, to be declared in the session and confirmed in therecords. Such decision shall not be taken except for genuine reasons indicated in the record.The court clerical section in this case, should notify the parties of the date of the sessionfixed.

Article 169The judge shall pronounce the judgement by reading its text, or by reading its text along withthe reasonings, pronouncement of the judgement shall be in an open court, otherwise, itshall be void.

Article 170If the judgment is pronounced after the final submission, original draft of the same must belodged within ten days from the date of pronouncement.

In case of adjournment to a session other than the submission session, the original draft ofthe reasonings should be lodged upon pronouncing the judgment.

In all cases, the original draft of the judgment must be signed by the President and themember upon pronouncing the same, otherwise, is shall be void.

The original draft must contain the findings upon which the judgment is grounded, otherwise,it shall be void.

Article 171The draft of the judgment containing the text and reasonings of the same shall be kept, afterpronouncing the judgment, in the case file and no copy shall be given, however, the partiesare allowed to peruse it, until the original copy of the judgment is finalized.

Article 172It must be stated in the judgment, the court issued the same, date and place of issuance,whether the judgment it issued in respect of civil or commercial matter or other, names of thejudges heard, the submission and participated and attended the pronouncement of thejudgment, the member of the Public Prosecution (if any), who gave his opinion in the suitand the parties' names, their tribes, or their titles, capacities and domicile of each of them,their appearance or non appearance.

The judgment must also contain all facts of the suit, then the parties relieves and summaryof their statements of defense, their substantial defense, opinion of the Public Prosecution (ifany), then, reasonings and the text of the judgment shall be stated.

Lack of the factual reasonings of the judgments and defect or mistake, which leads to nonidentification of the parties or their title, or the judges who participated in the issuance of thejudgment, will render the same void.

Article 173The President of the session and the court clerk shall sig~ the original copy of the judgmentwithin ten days from the date of lodging the original draft of the judgment, and shall be keptin the case file, otherwise, whoever caused the delay shall be bound to pay compensation.

Article 174Official copy of the judgment shall be given to the party who request the same, or theirattorneys, it shall not be given to other except by the court permission, subject to payment ofthe prescribed fee.

Article 175The copy of the judgment vide which the execution will be undertaken, shall be sealed by thecourt seal and signed by the court clerk, after affixing the executive form, and it shall only bedelivered to the party who is interested in executing the judgment, which is permissible.

Article 176If the court clerical section refused to give the first executive copy, the applicant may submitcomplaint petition to the summary judge in the court who issued the judgments or the Headof the panel issued the judgement, if it is issued by the Court of Appeal or the SupremeCourt to issue his order on it in accordance with the procedure prescribed in the Partproviding for Orders on the Plaints.

Article 177No second executive copy shall be delivered to the same party, except in case the first copyis lost. The court issued the judgment shall decide on disputes related to delivery of secondexecutive copy in case of loss of the first copy, vide a petition to be served by one of theparties to the other. A second executive copy may be delivered to the applicant if hepresents a written approval from his opponent, the judgment debtor.

Chapter TwoCorrection and Interpretation of JUdgments

Article 178The court shall undertake the correction of writing and calculating mistakes in its judgment,vide a decision taken by the court from its own motion, or at the request of one of the partieswithout submission. The court clerk shall make the correction on the original copy of thejudgment and sign it by him and the President of the session.

Article 179If the correction is made in the absence of the parties, or at the request of one of them in theabsence of the other after delivering copy of the judgment to them, the absent party shall benotified through the court clerical section or the applicant party, to appear with the judgmentcopy delivered to him, to effect the correction on it, the executive copy of the judgment whichcontradicts with correction is considered invalid for execution to the extent of contradiction.

Article 180The decision of correction may be appealed, if the court exceeds its right provided for inArticle (178), by the permissible ways of appealing the judgment subject to correction, butthe decision rejecting the correction shall not be appealed separately.

Article 181The parties may apply to the court which issued the judgment for interpretation of anyambiguity or confusion in its text, the application shall be submitted by the ordinaryprocedure for filing the suit and the judgment issued for the interpretation is consideredcomplementary to the judgment which it interpretates and subject to the same rulespertaining to appeal which are applicable to the original judgment.

Article 182If the court judgment omits part of the objective relieves, the concerned party may apply forsummoning his opponent to appear before the court for hearing these request and decidingon them.

Chapter ThreeExpenses of the Suit

Article 183The, court upon issuing the judgment terminating the dispute must decide from its ownmotion, on the expenses, which shall be borne by the losing party, the judgment debtor. Ifthe judgment debtors are being several, the court may divide the expenses between them onequal basis or on pro rata basis of interest of each of them in the suit according toassessment of the court, and they shall not be jointly bound for payment of the expenses,unless they are jointly liable for the decretal obligation.

Article 184The court may obligate the party who wins the suit to pay the whole or part of the expenses,if the judgment debtor is not disputing the right or the judgment creditor incurred on

necessary expenses, or if he has not brought to the knowledge of his opponent or disclosedconclusive documents in the suit or their contents which are in his possession.

Article 185If each of the parties fails in some of the relieves, the court may order each party shall bearwhat he has paid, or divide the expenses between them according to what the court maydecide in its judgment. The court may also order one of them to bear the whole expenses.

Article 186The expenses for joining shall be borne by the applicant if his claims are separate and hisapplication for joining or his claims are rejected.

Article 187The court may, at the request of the party, award him compensation to be paid by hisopponent in consideration of expenses arised from each malicious suit of defense. Also, thecourt may form its own motion impose payment of fine of not less than Ten Omani Rials andnot exceeding Fifty Omani Rials against the party who adopts a proceeding or submit arequest or defense with intention of causing malice to his opponent.

Article 188The expenses of the suit shall be assessed whenever possible, in the judgment, otherwise, itshall be assessed by the Chief of the court who issued the judgment, by an order on apetition submitted by the judgment creditor, the judgment debtor shall be notified of thesame. The said order shall not be subject to prescription provided for in Article (194) of thisLaw.

Article 189Any party may object against the aforementioned order in the preceding Article, the objectionshall take place in front of the bailiff when effecting the notice of assessment order, or by areport to the clerical section of the court which issued the judgment within ten days from thedate of notification. The bailiff or the court clerical section shall as the case may be fix adate for hearing the objection by the court in the discussion room and the parties shall benotified of the date before three days of the same.

Part TenOrders on Petitions

Article 190In cases where the Law provides for the party's right for suing out an order, he should submithis application vide a petition to the summary judge or to the President of the panel hearingthe suit. The petition shall be in two identical copies containing the facts and proof of theapplication, it shall specify the applicant's chosen domicile in the town where the court issituated, the documents supporting the application shall also be enclosed therewith.

Article 191The President of the panel or the summary judge shall, as the case may be, issue his orderin writing on one of the two copies of the plaint, the next day of submitting the same, he isnot obliged to state the reasons on which the order is based, except· when the order is

contrary to an order previously issued, then, the reasons for issuing the new order must bestated, otherwise, it will be void.

Article 192The court clerical section must deliver the applicant, the second copy of the plaint indicatingcopy of the order, latest, the next day of issuing the order. The original plaint on which theorder is issued shall be kept with the court clerical section in special record.

Article 193The concerned parties may object against the order issued by the court according to thenormal procedure for filing the suit, unless the Law otherwise provides. The objection mayalso be submitted following the original suit, in any state the suit shall be. The objection mustbe substantiated, otherwise, it will be void. Objection against the order shall not suspendexecution unless the court orders the suspension of the execution at the objector's request.In all cases, a decision shall be made upholding, amending or reversing the order, the sameis subject to appeal in accordance with the prescribed rules.

Article 194The order issued on a plaint shall expire, if no application for execution of the same issubmitted with thirty days from the date of issuance of the same. However, the expiry of theorder does not prevent suing out a fresh order.

Part ElevenOrders of Payment

Article 195In exception to the general rules for filing suits, the rules stated in the following Article shallbe followed, if the creditor's right is established by writing and payment becomes due, andthat what the creditor claims is a debt of certain amount of money or movable, certain initself, kind, or in its amount.

The rules shall also be followed if the owner of the right is a creditor for commercial paper,and his right of recourse is limited to the drawer, the issuer, the acceptor, or the alternativeguarantor of one of them. But, if he decides to recourse against other than the abovementioned, he must follow the general rules for filing the suit.

Article 196If the creditor filed his suit by the normal procedure, despite the availability of conditions forsuing out the order of payment, this should not prevent the court from hearing the suit.

Article 197The creditor must first demand payment from the debtor, within at least eight days, thenapply to the court where the debtor's domicile is situated, or the president of the panel of thecourt, as the case may be, for an order of payment, the demand for payment, shallsufficiently be considered as taken place, if it is effected through a letter addressed to thedebtor by the registered mail. The protest for non payment in lieu of the demand notice shallbe recognized.

The title claimed in the demand notice shall not be less than that is claimed in the petition forsuing out the order of payment.

Article 198The order of payment shall be issued according to a plaint to be submitted by the creditor orhis attorney, the debt deed shall be enclosed with the plaint and the evidence indicating thatdemand for payment has been made, the deed shall be retained by clerical section until timelimit for objection expires. The plaint must be drafted in two identical copies and shall containthe details required for the suit plaint as provided for in Article (64) of this Law.

The order must be issued on one of the two copies within maximum three days from the dateof submission of the plaint, the amount claimed must specify the principal and revenues orwhat is ordered to be paid of movable according to the circumstances and expenses. Theplaint shall have the effect of filing the suit from the date of its submission, even the courthas no jurisdiction.

No application for order of payment shall be accepted from the creditor, unless the plaint issupported by proof that the prescribed fee has been paid.

Article 199If the judge or the President of the panel, as the case may be, decides not to accede to allapplicants relieves, he must abstain from issuing the order and shall commit the applicationto the competent court, he shall fix a session for hearing the application, the court clericalsection shall notify the debtor to appear in the fixed session. Refusing to grant immediateself- executing order shall not be considered as refusal of part of the relieves, within theprovision of this Article. The summon of the session shall contain all the details of the suitplaint provided for in Article (64). It is not permissible for any of the parties to appeal againstthe committal order, even after issuing judgment on the subject.

Article 200The debtor's summon with the plaint or the notice of order of payment issued against himshall be effected on his person, or in his original domicile, or at his place of work. The plaintand the order issued thereon is deemed to have been null, if the debtor is not notified of thesame within six months from the date of issuing the order.

Article 201The debtor may object against the order within fifteen days from the date of his notification.The objection shall be submitted to the competent court by the ordinary procedure for filingthe suit. The objection must be substantiated, otherwise, it will be void. The objector shall beconsidered as the plaintiff. The rules and procedure applied before the Court of FirstInstance shall be followed when hearing the objection.

If the objector does not appear in the first session for hearing the objection, the court shallfrom its own motion consider the objection as null. The order of payment may be appealedaccording to rules and procedure prescribed for appealing the judgment. The time limit forthe appeal, shall commence from the date the time limit for objection has expired, or fromthe date it is considered null. The right of objection against the order shall lapse, if it isdirectly appealed.

Part TwelveWays of Appeal Against Judgement

Chapter OneGeneral Provisions

Article 202Appeal against judgments shall not be permissible except by the party against whom thejudgment is issued. Appeal is not also permissible to the party who accept, the judgment, orwhose all relieves are awarded, unless the Law provides otherwise. The appellant shall notbe prejudiced by his appeal.

Article 203Decision issued during the course of the suit which do not determinate the litigation, are notappellable unless after issuance of the judgment determining the whole litigation. However,exception shall be to the provisional and urgent decisions for suspending the suit, judgmentssubject to compulsory execution, judgments issued declaring lack of jurisdiction andcommittal of the suit to the competent court. In the latter case, the court to which the suit iscommitted, must suspend the same until the appeal is determined.

Article 204Unless otherwise the Law provides, the time limit for appeal against the judgment shall startthe next day subsequent to the date of its issuance. This time limit shall also start from thenext day subsequent to the date of notification of the judgment debtor who did not appear inall sessions fixed for hearing the suit and did not submit his statement of defense. Also, if thejudgment debtor did not appear or did not submit his statement of defense in all sessionssubsequent to resumption of the suit after the suspension of the course of proceedingtherein for any reason.

The time limit shall start the next day subsequent to the date of notification of the judgment,if one of the reasons for discontinuance of the litigation has occurred, and the judgment isissued without litigating the person who represents the deceased, the incapacitated, orwhose capacity has lapsed, the notice of the judgment shall be addressed to the judgmentdebtor in person, or in his original domicile, the time limit shall continue against whoevernotified of the judgment.

Article 205The notice of appeal shall be to the other party in person, or his original domicile and may benotified in his chosen domicile in the notice of the judgement. If the respondent is the plaintiffwho did not indicate in the suit plaint his original domicile, he may be notified of the appeal inhis chosen domicile indicated in the plaint.

Article 206The right of appeal shall lapse in case of non compliance with the time limits of submittingappeal against judgements, the court shall from its own motion decides accordingly.

Article 207The time limit for appeal shall stop by the death of the judgement debtor, being incapacitated