CIVIL AND COMMERCIAL PROCEDURE LAW
Royal Decree No. 29/2002
On issuing the Law of Civil and Commercial Procedure
We, Qaboos Bin Saeed Sultan of Oman, in Cognisance of the Constitution of the State
issued 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 Personal
matters suits.
This decree shall be published in the official Gazette and shall come into effect from the date
of publication (17/3/2002).
Qaboos Bin Saeed
Sultan of Oman
Issued on 22 Zul Hijra 1422
(6111 March 2002)
Law of Civil and Commercial Procedure
Introductory Chapter
General Provisions
Article 1
The provisions of the Law of Civil and Commercial Procedure shall apply to suits, which
have not yet been determined, and on the proceedings, which have not yet completed
before 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 or
creating one of these means.
Article 2
Any procedures validly taken under an applicable Law shall remain valid unless otherwise
provided for and newly introduced time limits shall not be applicable except from the date the
Law from which introduced them have become valid.
Article 3
No claim or defense shall be allowed unless the person making such claim or defense has
an existing and legal interest recognized by the Law. However, possible interest shall be
sufficient if the object of the claim is a precaution to avoid imminent damage or to ascertain
right the evidence of which is feared to disappear when it is disputed.
Article 4
If the applicable Law in case of personal matter stipulates definite time limit for the party to
state his capacity, he may apply for the adjournment of the case until the expiry of such time
and without prejudice to his right to raise the defenses available to him after expiry of the
time limit.
Article 5
Every summon or execution shall be effected through the court bailiffs at the court clerical
section at the request of the other party, the court clerical section or by the court order. The
parties or their representatives shall direct the proceedings and submit their documents to
the bailiffs for summoning or effecting them.
Article 6
If it seems to the court clerical section that there is a reason not to accept the paper required
to be summoned, it must submit the matter immediately to the judge of summary matters to
order, after hearing the claimant, either to summon the paper or not, or may make the
amendment he thinks fit on the paper.
The applicant may object against the order to one of the Court of First Instance panels
consists of three judges for final determination in the court discussion room after hearing the
Court Clerk and the applicant.
Article 7
No summon shall be effected or executed before seven o'clock in the morning nor after five
o'clock in the evening or on official holidays except in cases of emergent matters with a
written permission from the judge of summary matters or the judge of execution as the case
may be.
Article 8
The 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 capacity
and domicile.
c)
Subject of the summon
d)
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 known
domicile.
f)
Full name of the person to whom the copy of the summon is delivered, his title and
his signature or his thumb print on the original on the original, acknowledging the
receipt or stating his refusal to receive and the reason thereof.
Article 9
The summon shall be delivered to the individual personally or at his domicile, the summon
may be delivered at the chosen domicile in the circumstances specified by the Law. If the
bailiff does not find the person to be summoned at his domicile, he must deliver the summon
to the person who declares that he is his representative or he is his employee or he is
residing with him whether spouses, relatives or in-laws.
Article 10
If the bailiff does not find who is competent to deliver him the summon in accordance with
the aforementioned Article or the person he found has refused to sign the original
acknowledging the receipt, or refused to receive a copy then the bailiff must state in the
original 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 domicile
of the person to be summoned is situated.
The bailiff must send within 24 hours letter by the registered mail to the person to be
summoned at his original domicile informing him of the respective Authority to which the
copy of the summon is delivered.
The summon shall have its legal effect from the time of delivery of the copy to whom it was
legally 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 person
to be summoned if the copy has not been delivered to him personally.
Article 11
If it appeared to the court clerical section that the person to be summoned has no known
domicile where he cannot be summoned by the ordinary means, it must state that in the
original and copy of the summon and submit the matter to the Chief of the court or the
concerned judge to order summoning by publication in two weekly distributed daily
newspaper, the summon will have effect from the date of publication.
Article 12
If the Law obliges a party to specify a selected domicile and he fails to do so or if the details
he gave are inadequate or false, he may be summoned in the court clerical section with all
the papers which he should have been summoned at the selected domicile. If he has
changed 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 to
the concerned authority in accordance with Article (10) of this Law.
Article 13
Unless it has been stipulated otherwise in special Law, the copy of the summon shall be
delivered 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 joint
partners. If the company has no Head Office, the summon shall be delivered to one
of those personally or at his domicile.
d)
With respect to other companies, associations, all other legal entities and sole
proprietorship shall be delivered at its Head Administration Office to its legal
representative 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, they
shall be delivered to its representative personally or at his domicile.
e)
With respect to foreign companies having branches or agents in the Sultanate, shall
be delivered to the branch manager or the agent.
f)
With respect to Armed Forces, Police and Royal Guard shall be delivered to the
commander to which person to be summoned is reporting.
g)
With respect to the prisoners, shall be delivered to the Director of the prison or who
acts on his behalf.
h)
With respect to seamen of commercial ships or those who are working therein, shall
be delivered to the captain.
i)
With respect to persons who have known domicile abroad, 'shall be delivered to the
Public Prosecution who shall send it to Ministry of Foreign Affair to summon them
through the diplomatic channels, it may also, in this case, subject to reciprocity be
sent directly to the office of the diplomatic mission of the state where the domicile of
the person to be summoned is situated.
If the domicile of the person to be
summoned is unknown abroad, the paper of summon must contain his last domicile
known in the Sultanate
Prosecution.
or abroad and the copy shall be delivered
to Public
Article 14
The Court imposes fine not less than Twenty Omani Rials and not exceeding Fifty Omani
Rials on the applicant if he deliberately states false domicile of the person to be summoned
intending the summon not to be received by him.
Article 15
If 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 is
considered in the eyes of the Law as the commencement of time limit shall not be counted, if
the time limit which should expire before the proceeding, such proceeding shall not take
place 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 the
aforesaid manner.
Unless the Law provides otherwise, time limits specified by month or by year shall be
calculated according to the Gregorian calendar.
Article 16
If the time specified in the Law for attending or for taking such proceedings, one day is
added for every distance of 200 km between the place traveling from and the place traveling
to, 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 border
areas.
Article 17
The distance time limit for whose domicile is abroad is thirty days .
. The Head of the Court or the summoning judge may order, the reduction
according to the convenience of transportation and the circumstances of
said order shall be stated in the summon. This time limit shall not apply
summoned in person during his being in the Sultanate, the provisions
Article shall apply on him.
of this time limit
urgency and the
to person who is
of the preceding
Article 18
If the Law stipulates a definite time for a proceeding to be taken by summon, the time limit
shall not be deemed complied with unless the summon of the other party has been effected
within such time.
Article 19
If the last day of the time limit falls on official holiday, the time limit shall be extended on the
first working day thereafter.
Article 20
Non compliance with the time limits and the procedure provided for in Articles 5,7,8,9,10,13
of this Law shall render void the procedure.
Article 21
The proceeding shall be void, if the Law expressly stipulates its voidness or if it has become
defective due which the aim of the proceeding has not been realized.
No judgment
rendering void the proceeding shall be passed, despite the fact that it is provided for it is
proved that the object of the proceeding has been realized without causing injury to the other
party.
Article 22
Except in the cases the voidness is relating to the public policy, no other than the policy, no
other than the person in whose favour the voidness is raised for, and the party who caused
the void shall not be allowed to raise it and it will cease to exist if the person in whose favour
it is enacted, if he waives it expressly or impliedly.
Article 23
Void proceeding may be corrected even after the voidness has been established, provide
that correction shall be made within the time limit specified in the Law for taking such
proceeding, if the proceeding has no time limit in the Law, the court shall specify appropriate
time for correction, the proceeding shall not be considered valid unless from the date of its
correction.
Article 24
If the proceeding is void and elements of another proceeding have been met, the latter shall
be valid.
And if part of the proceeding is void, then only this part shall be void. The voidness of a
process shall not render void the previous or subsequent procedure if the said procedure is
not based on it.
Article 25
A clerk must attend the session in all the evidential proceedings to take minutes and to sign
it along with the judge, otherwise the action will be void.
Article 26
The court staff or other judges assistants are not allowed to undertake any action which fall
within 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 27
Arabic is the official language of litigation, no papers or documents shall be admissible
unless 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 the
testimony of the parties and witness who d not know Arabic through a translator on oath.
Article 28
The summoning judge at the Court of First Instance is the Chief of the said court or who is
acting on his behalf or any of its judges who is deputed.
Book One
Litigation Before the Courts
Part One
Jurisdiction
Chapter One
International Jurisdiction of the Court
Article 29
Except cases of immovable property connected with property situated outside, the Sultanate
Omani courts shall have jurisdiction to hear suits filed against Omani National, even though
he has no domicile or place of residence in the Sultanate, also shall have jurisdiction to hear
suits filed against Non Omani National who has domicile or place of residence in the
Sultanate.
Article 30
Omani courts shall have jurisdiction to hear suits filed against Non Omani National who has
no 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 with
bankruptcy declared therein.
(c)
If the suit is related to objection on marriage deed and the deed is intended to be
executed by Omani Notary.
(d)
If the suit is related to application for divorce, separation or divorcement and if the suit
is filed by a wife lost her Omani Nationality by marriage whenever she has domicile in
the Sultanate, or if the suit is filed by a wife who has domicile in the Sultanate against
her husband who was domiciled therein whenever he deserted his wife and domiciled
abroad after the occurrence of the cause of divorce, separation or divorcement or if he
was deported from the Sultanate.
(e)
If the suit is related to alimony for one of the relatives, the wife or the minor, if any of
them 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, deprivation
guardship 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 Omani
National or Non Omani National who has domicile in the Sultanate, provided that the
defendant has no domicile known abroad or if the Omani Law is the applicable Law on
the suit.
(h)
If the suit is related to one of the issues of guardianship on property, when the minor or
who likewise or interdict, or affording him judicial assistance has domicile or place of
residence in the Sultanate or where the last domicile or place of residence of the
disappeared was in the Sultanate.
Article 31
Omani Courts shall have jurisdiction on inheritance matters and suit related to deceased
heritage if the suit is initiated in the Sultanate or if the testator is Omani National or the
assets of the heritage or part thereof are situated in the Sultanate.
Article 32
Omani Courts shall have jurisdiction to hear the suit- in other cases not stipulated in the
preceding Article- if the defendant has expressly or impliedly accepted assuming jurisdiction
by such courts.
Article 33
In all cases, where jurisdiction of any of Omani Courts has been established to hear the
case, the court shall have jurisdiction to determine on all primary matters and interlocutory
applications in that suit, it shall also have jurisdiction to determine on every application
connected with it, and the proper course of justice requires to be heard along with the suit.
Article 34
Omani Courts shall have jurisdiction to order the provisional proceedings which shall be
executed in the Sultanate even if it has no jurisdiction on the original suit.
Article 35
If 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 Two
Jurisdiction with respect to Value and Kind
Article 36
The Court of First Instance consists of one judge shall have jurisdiction to deliver primary
judgment on all suits the value of which is not exceeding Fifteen Thousand Omani Rials and
deliver 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 three
judges to determine suits related to bankruptcy, discharge bankruptcy, taxes suits, suits
related to banks' operations, liquidation of companies, insurance, dispute between dealers in
financial papers and suits related to intellectual property, patent right, unestimated value
suits and others which the Law may provide for, whatever the value of the suit.
Article 37
The Court of First Instance consists of one judge shall have jurisdiction to deliver primary
whatever the value of the suit and final judgment if the value of the suits does not exceed
One 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 wages
5.
Ihramat suits
6.
Suits in respect to leasing agriculture land
Article 38
Plaintiff shall not in a suit for possession combine between the claim for possession and
claim for title, otherwise, he will lose his claim for possession. The defendant shall not in a
suit for possession relying on title, defendant's claim for title shall not be accepted before the
disposal of the suit for possession and the execution of the judgment passed therein, unless
he waived the possession to his opponent.
Article (39)
The Public Prosecutor, whenever a complaint relating to one of the disputes of possession
whether it is civil or criminal, is submitted to him must issue after hearing the parties and
making the necessary investigation, a provisional order having immediate effect, the
aforesaid order shall be issued by a member of Public Prosecution in a position of Chief
Public Prosecutor. The Public Prosecutor shall notify the concerned person of the order
within three days from the date of issuance of the same.
In all cases, objection against such order shall be submitted to the summary judge, through
a Suit to be initiated according to the ordinary procedure, within fifteen days from the date
he 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 the
enforcement of the order until he passes a decision on the objection.
Article 40
Court of First Instance consists of one judge shall have no jurisdiction to judge on
interlocutory application or application which is connected with the original application, if its
value 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 of
justice 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 competent
C?urt of First Instance consists of three judges. The court order transferring the suit is not
subject to appeal.
Article 41
The Court of First Instance consists of three judges shall have jurisdiction to deliver primary
judgment 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 shall
be 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 all
interlocutory applications, in addition to applications connected with the original application
whatever its value or kind.
Article 42
A judge who is a member of a panel, shall be deputed to the Court of First Instance House
where 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 be
assumed by the Court of First Instance consist of one judge, provided that this does not
preclude the court to assume jurisdiction on these matters if they are submitted to the court
by ancillary proceedings.
Article 43
The Court of Appeal shall have jurisdiction to deliver final jUdgment on appeals submitted
against primary judgments passed by the Courts of First Instance or summary judge.
Chapter Three
Local Jurisdiction
Article 44
Unless the Law provides otherwise, the jurisdiction shall be for the court within the precinct
of 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 is
situated. If there is more than one defendant, the jurisdiction shall be for the court within the
precinct of which the domicile of one of them is situated.
Article 45
With respect to suits relating to immovable property and possession, the jurisdiction shall be
for the court within the precinct of which the immovable property or part of it if situated within
various courts precincts.
With respect to suits relating to personal right on immovable property, the jurisdiction shall
be for the court within the precinct of which the immovable property is situated or the
defendant's domicile.
Article 46
Suits against Departments of the State, Public Authorities and Public Bodies and other
Public juristic persons, shall be filed before the court within which jurisdiction the of their
Head Offices are situated. The suits with respect to disputes related to the Branch of the
Department Authority or Public Body or other Public Juristic persons may be filed before the
court within which jurisdiction, the said branch is situated.
Article 47
In suits related to deceased's estate which are filed by creditor or by some of the legal heirs
against other legal heirs, before the distribution of the estate, the jurisdiction shall be for the
court within the precinct of which the last domicile of the deceased is situated.
Article 48
In disputes related to supplies, contracting, rent, salaries of labours manufactures and wage
earners, the jurisdictions shall be for the court of the defendant's domicile, or to the court
within the precinct of which the agreement is made or executed, wherever the defendant has
domicile therein.
Article 49
In disputes related to claim for the value of the insurance, the jurisdiction shall for the court
within the precinct of which the beneficiary's domicile is situated or the place of the insured.
Article 50
In commercial matters, the jurisdiction shall be for the court within the precinct of which the
defendant's domicile is situated or his place of business or the court within the precinct of
which the agreement is made and totally or partially performed, or the court within the
precinct of which the agreement must be performed.
Article 51
In suits related to companies, existing association or under liquidation or private
establishments, the jurisdiction shall be for the court within the precinct of which the Head
Office is situated, whether the suit is filed against the company, association, establishment
or filed by the company, association or establishment against one of the partners, members
or 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 is
situated.
Article 52
Declaration of bankruptcy cases, the jurisdiction shall be for the Court of First Instance
consists of three judges, within the precinct of which the place of business of the bankrupt or
his main business center is situated if he has many places of business.
Article 53
In bankruptcy matters, the jurisdiction shall be for the court declared the bankruptcy.
Article 54
In suits including application for provisional measure, the jurisdiction shall be for the court
within the precinct of which the defendant's domicile is situated or the court within the
precinct of which the provisional measure is required to be effected.
Article 55
The court hearing the original suit shall have jurisdiction on interlocutory applications, but in
claim for the guarantee may plead lack of jurisdiction if it has been proved that the original
suit has only been filed for the purpose of bringing him before a court lacking jurisdiction
other than this court.
Article 56
If the defendant has no domicile or place of residence in the Sultanate and it has become
difficult to locate the court of jurisdiction according to the aforementioned Article, then the
jurisdiction shall be for the court within the precinct of which the plaintiff's domicile or place of
residence is situated. If the plaintiff has no domicile or place of residence, then, the
jurisdiction shall be for the court situated in Muscat.
Article 57
If it is agreed that the jurisdiction shall be assumed by certain court, then the jurisdiction shall
be for the said courts or the court within the precinct of which the defendant's domicile is
situated.
Provided, in cases where the Law provided for the court assuming jurisdiction other than the
court stipulated in Article (44), no agreement shall be allowed to contradict this jurisdiction.
Chapter Four
Assessment of the Value of the Suit
Article 58
The value of the suit shall be assessed as on the day of filing the suit, the assessment
include customs, compensation, expenses and other supplementaries which have then
become due, and only rent which has become due after filing the suit until the day of
judgment.
In all cases, the value of the building or planting shall be considered if a request for removal
is submitted. The assessment shall be on the basis of the party's last request.
Article 59
When 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 according
to the value of the immovable property. Value of suits related to easement shall be
assessed for one fourth of the value of the immovable property. If the suit related to
usufruct or the title of the immovable property, shall assessed for half value of the
immovable.
2.
In all cases, the value of the immovable property shall be assessed according to the
documents submitted by the parties, or by an expert appointed, for this purpose, by
the court.
3.
The value of suits claiming possession shall be assessed for the value of the right on
which possession is established.
4.
The value of the suits pertaining to salary shall be assessed in case of dispute in
respect thereof, on twenty years salary basis, if the salary is perpetual or on ten
years salary basis if the salary for life.
.
5.
The value of suits related to agriculture products, shall be assessed according to
their value in the public market.
6.
If the suit is for claiming the validity, voidness or recession of a contract, the value of
the suit shall be assessed for the value of the subject matter of the contract. For
exchange contracts, the suit shall be assessed for the contract of whichever higher
value.
7.
If the suit is for claiming the validity or voidness of a continuing contract, the
assessment shall be based on the total pecuniary consideration for the entire period
of the contract. If it is for claiming recession of the contract, the assessment shall be
based on the pecuniary consideration for the period stipulated in the contract. If the
contract has been partially performed, the assessment shall be on the remaining
period. If the suit is related to the extension of the contract, the assessment shall be
8.
9.
based on the period to which the dispute on the extension has arised.
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 value
of the debt for which the attachment is imposed. If the suit is between creditor or
debtor in respect of security or possessory mortgage, or concession, the value of the
suit shall be assessed based on the value of the secured debt, and if the suit is filed
by third party alleging his entitlement of the attached property or encumbered by the
aforementioned rights, the value of the suit shall be assessed for the value of these
properties.
The value of suits for verification of signature and original suits for forgery shall be
assessed for the value of the right confirmed in the document for which a judgment is
requested to declare that the signature is real or forged.
Article 60
If the suit has included several relieves arised from one cause of action, the assessment of
the value shall be the total value of these relieves. If the relieves arised from different causes
of action, the value of the suit shall represent the value of each relieve singly.
Article 61
If the suit is filed by one or more plaintiffs against one or more defendants based on one
cause of action, the suit shall be assessed based on the value of the right claimed, without
reference to the share of each one of them on the right.
Article 62
If the suit is in respect of part of a right, it shall be assessed based on the value of the part
claimed, unless, the whole right is disputed, then, the assessment shall be based on the
value of the entire right.
Article 63
If the suit is for a relieve not subject to assessment according to the aforementioned
applicable rules, the value of the suit shall be considered as exceeding Fifteen Thousand
Omani Rials.
Part Two
Chapter One
Filing and Registration of the Suit
Article 64
The suit shall be filed at the request of the plaintiff by a plaint to be submitted to the court
clerical 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 or
job, 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 plaint
4.
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 of
them.
Article 65
The plaintiff or his representative when submitting the plaint must pay in full the court fees
and to provide the court clerical section, with copies of the plaint equal to the number of the
defendants with copy to the court clerical section. He must enclose with the plaint, copies of
the documents supporting his suit and statement of claim explaining them.
Article 66
The defendant must in all suits, except urgent cases, in which time limit for attendance
expired, must submit to the court clerical section his statement of defense enclosing
documents along with it, before at least three days prior to the date fixed for hearing the
The suit is deemed to have been filed and having its effect from the date of submitting
plaint to the court even of the court has no jurisdiction.
has
his
suit.
the
Article 67
Time limit for attending before the Court of First Instance is eight days and ten days before
the 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 the
second time limit, by permission from the Chief of the Court or from the judge of provisional
matters and copy of the same along with the plaint or appeal petition shall be served on the
party.
Article 68
The court clerical section shall register the suit on the day of submitting the plaint in the court
register in serialized manner after confirming the plaintiff presence or his representative and
file shall be opened for each case, to be submitted to the Chief of the court or who is acting
on his behalf in his absence or one of the judges who is deputed to fix a session for hearing
the suit. The date of the session shall be fixed on the original and copy of the plaint in the
presence of the plaintiff or his representative.
The court clerical section must in the maximum deliver on the next day, the original plaint
and 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 plaint
and its copy may be delivered to the plaintiff, whenever he requests, to submit it to the court
bailiff section for effecting the summon and return the original to the plaintiff who shall deliver
the same to the clerical section.
Article 69
The court bailiff must effect the summon within maximum twenty days from the date of
receipt, provided that if the session fixed for hearing the suit falls during this period, then the
summon must be effected before the session. However, in all cases, the time limit for
presence is considered.
The court hearing the suit shall impose punishment of fine not exceeding Fifty Omani Rials
against the member of clerical or the bailiff section who delays the summon.
Article 70
Non compliance with the time limit stipulated in the preceding Article does not render the
summon void. Also, non-compliance with the time limit for presence does not also render the
proceedings void, this is without prejudice to the right of the person to be summoned to
apply for adjournment to complete the time limit.
The litigation shall not deem to have been initiated in the suit unless the summon of the
plaint is served on the defendant, unless he does not attend the session.
Article 71
The suits may be considered at the request of the defendant as not existing, if he is not
summoned within three months from the date of submitting the plaint to clerical section and
that was attributed to the plaintiffs act.
Article 72
If the plaintiff has left the litigation, or reconciled with his opponent in the first session for
hearing the suit and before the submission, he shall only be entitled to one fourth of the
prescribed fees.
Chapter Two
Assessment of the Fees
Article 73
The 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 rules
pertaining to the assessment of the value of the suit stipulated in Articles 58 to 63 of
this 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 judgment
according to the aforementioned rules of assessment.
4.
The Minister of Justice shall issue regulation for the rules of assessment in cases not
included in the rules stipulated in the aforementioned Clauses.
Article 74
Without 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 the
Minister of Justice.
Article 82
The abandonment or withdrawal of the attorney shall not prevent the course of the
proceedings against him, unless the opponent was notified of the appointment of his
substitute or of the intention of the client to undertake the suit by himself. The attorney
should not abandon the authorisation in an inappropriate time.
Article 83
No any judge, member of Public Prosecution, or one of the court employees shall appear on
behalf of the parties, or for submission whether in writing, or verbally, or give advise even if
the suit is filed before a court other then the court he is belonging to, otherwise, the act is
void, they are however, authorised to do such act on behalf of those, they are legally
representing, and on behalf of their wives, antecedents or their descendents up to the
second degree.
Chapter Two
Non Appearance of the Parties
Article 84
If neither the plaintiff nor the defendant appears, the court shall decide on the suit if it is fit for
determination, otherwise, the court shall dismiss the same. If the suit stands dismissed for
sixty days and neither of the parties apply for resuming the proceedings, or both parties do
not appear after resuming the proceedings, then, the suit shall be deemed null and void. The
court 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, the
litigation is deemed to be in his presence even if he does not appear after that, The plaintiff
shall not claim any new relieves, in the session which his opponent does not appear or
amend the first relieves. The defendant shall not also in the absence of the plaintiff request
delivering judgment against the plaintiff for any relief.
Article 86
If the defendant does not appear in the first session, after being personally summoned, the
court shall decide on the suit. If he is not summoned in person, the court should except in
urgent cases, adjourn the hearing to next session to which the absent party shall be
summoned. The judgment on the suit in both cases shall be considered as decided in
presence. If these are several defendants some of them are summoned in person and
others are not summoned in person and they have not all appeared, or those who are not
summoned in person have not appeared, the court should except in urgent cases, adjourn
the 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 87
If the court is convinced, upon non appearance of the defendant, that his summoning of the
plaint is void, it must adjourn the suit to a next session to serve the defendant with a proper
Article 88
If the absent opponent appeared in the court before the expiry of the session, then any
judgment delivered against him shall be deemed null and void.
Part Four
Intervention of Public Prosecution
Article 89
The Public Prosecution may file the suit in the cases which the Law is providing for, The
Public Prosecution shall have in such cases all right available to the parties.
Article 90
Except 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 91
Except 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 92
The court may, at any stage of the suit send the file of the suit to the Public Prosecution, if
any matter relating to public policy or morals has arisen, in which case the intervention of the
Public Prosecution shall be mandatory.
Article 93
The Public Prosecution is deemed to have been represented in the suit whenever he
submits a memorandum of his opinion, he need not to appear in the session unless the Law
provides for that.
Article 94
The 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. If
a 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 95
The Public Prosecution shall at his request be granted at least seven days to submit his
memorandum. of opinion. This time shall start from the day on which the file is sent to the
Public prosecution along with the parties' documents and pleadings.
Article 96
The intervention of the Public Prosecution shall be at any stage of the suit before the final
submission.
Article 97
In all cases where the Public Prosecution is a joining party, the parties after the submission
of the Public Prosecution opinion and request, are neither allowed to address the court nor
to submit fresh pleadings; but they may submit a written statement for rectification of the
facts which have been stated by the Public Prosecution. Nevertheless, the court in
exceptional circumstances where it thinks fit to accept new documents or complementary
pleading, may permit the submission of the same, and permit re-submission, the Public
Prosecution shall be the party who will end.
Article 98
The Public Prosecution may appeal against the judgment, in the circumstances which the
Law requires or permits his intervention therein, if the judgment has contravened one of the
rules of public policy, or if the Law has provided for that.
Part Five
Procedure and Order of the Sessions
Chapter One
Procedure of the Sessions
Article 99
The court shall start the session by proposing reconciliation to the parties, if the
reconciliation is not reached, the hearing shall commence in the same session. If one of the
parties produces in this session a document, which he is able to produce within the time limit
provided for in Article (66) of this Law, the court will accept the same, provided that
accepting the said document does not result in the adjournment of the hearing, if the
acceptance of the document results in the adjournment of the hearing, the court shall impose
a fine of not less than ten Omani Rials and not exceeding Twenty Omani Rials against the
party who produced the document. Nevertheless, it shall be permissible for both plaintiff and
the defendant to produce a document in reply to the defenses or claims alleged by his
opponent.
Article 100
The 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 101
The court shall adjudge, any of its employees or the parties who fails to lodge the documents
or fails to take any of the litigation proceedings within the time limit specified by the court, to
pay fine of not less than Ten ,Omani Rials and not exceeding Twenty Omani Rials. The court
order is not subject to appeal and shall be noted in the record of the session, having the
force of executive decree. The court may exempt the party, against whom the order of fine is
made, from paying the whole fine or part of it, if he indicated an acceptable justification. The
court instead of adjudging to pay fine, may after hearing the defendant, decide to suspend
the suit for a period not exceeding three months. If the plaintiff does not apply for resuming
the proceedings after thirty days from the expiry date of the suspension period, or if he does
not execute what the court has ordered, the court may decide that the case is null and void.
Article 102
Fine judgments shall be executed after the court clerical section notifies the judgment debtor
of the court ruling vide a letter to be sent by the registered mail.
Chapter Two
The Order of the Session
Article 103
The sessions shall be in open court unless the court from its own motion or at the request of
one of the parties, orders the session to be behind close doors for public policy consideration
or public morals or for maintaining family privacy.
Article 104
The parties submission must be heard and shall not be interrupted, unless they have
deviated from the subject of the suit or the requirements of the defense. The defendant shall
without prejudice to the provisions of Article (97) be the party who will end.
Article 105
The parties are allowed at any stage of the suit, request the court to note in writing in the
record what they have agreed upon and to be signed by themselves or their authorised
representatives. If they wrote what they have agreed upon, the same and its contents shall
be attached and noted in the record. The record shall have in both cases the force of the
executive deed, a copy of which shall be given in accordance with the prescribed rules for
delivery of copies of judgments.
Article 106
The court may from its own motion, orders the deletion from any paper of the submission or
the pleadings, such abusive words, or which are against the public policy or morals.
Article 107
The President is responsible for the control and direction of the session, he directs the
questions to the parties and witness, the members of the court may direct whatever question
they think fit upon his permission.
The President of the session may order whoever disturb the order of the session to leave the
court 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 apply
against him during the session, the disciplinary measures, which his Head of department
may apply.
The court may before the end of the session, retract from the ruling it has issued in
accordance with the previous two clauses.
Article 108
The court may adjudge whoever commit assault misdemeanour during the court session
against the court panel, any of its members, or any of the court employees, the court shall
pronounce an immediate judgment against him for the prescribed punishment according to
the Penal Law.
The court may also adjudge whoever commits perjury in the session and punish him with the
prescribed punishment for perjury.
Article 109
Subject to the provisions of the Law governing the Legal Profession, the President of the
session shall order a record to be prepared for any crime committed during the course of the
session and to order an investigation proceedings to be taken, then, refer the papers to the
Public Prosecution for taking the necessary action, and if the crime committed is felony or
misdemeanor, he may, if the circumstances require, issue arrest warrant against the person
who committed the crime.
Part Six
Defenses, Joinder, Joining and Interlocutory Applications
Chapter One
Defenses
Article 110
The defense of lack of local jurisdiction, or the defense for transfer of suit to another court
where the same dispute is arising or because another suit connected with it has already
been 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 non
acceptance, otherwise defendant's right in respect of these non included defenses, will
expire.
The court shall decide on these defenses separately, unless it decides to join them to the
subject, in which case shall clarify its decision on each one of them separately.
Article 111
The defense of lack of power due to lack of jurisdiction, or by reason of kind and value of the
suit, and the defense of res judicata, shall be determined by the court from its own motion
and it may be raised at any stage of the suit.
Article 112
If 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 is
transferred. The court clerical section shall notify the absent parties of the court ruling. The
court to which the suit is transferred shall hear the same.
Article 113
If the parties agreed to litigate before a court other than the court where the suit is filed, the
said court may transfer the suit to the court the parties have agreed upon.
Article 114
If the same dispute is submitted before two courts, the defense for transfer must be raised
before 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 the
other court if it is connected with another suit filed before the other court, the court to which
the suit is transferred shall hear the same.
Article 115
The voidance of plaints, notice of the same, and voidance of papers of summon arised from
a defect in the summon or in the court details or in the date of the session shall cease by the
appearance of the summoned party in the session or by lodging his statement of defense.
Article 116
The defense of non acceptance of the suit, may be raised at any stage of the suit, if the court
believes that, the defense of non acceptance of the suit as the defendant has no capacity, is
grounded, then, the court shall adjourn the hearing for summoning the defendant who has
capacity, the court may in this case inflict fine not exceeding Twenty Omani Rials on the
plaintiff.
If the suit is filed against one of the government departments, or public juristic person, the
effect of the correction shall apply since the day of filing the suit, even if the said correction
has been made after the time limit prescribed for filing the suit.
Chapter Two
Joinder and Joining
Article 117
Subject to the provisions of Article (67), the party filing the suit may join upon filing the suit
whoever may properly be sued therein, according to the normal procedure for filing the suit
prior to the date of the session. The court from its own mention, may order the joinder of
whoever it may think his joinder will serve justice or reveal the truth. The court shall fix a date
for him and for the party joining him to appear before he court.
Article 118
The 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 to
the party's request for adjourning the hearing of the suit to join a guarantor therein, if the
party has informed his guarantor to appear before the court within eight days from the date
of summoning him, or if the cause of action necessitating the guarantee has arised, or if the
aforementioned eight days have not expired before the date fixed for hearing the suit. Except
this 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 the
court after the judgment on the original suit.
Article 119
If the court orders the joinder of the guarantee application to the original suit, the judgment
delivered against the guarantor shall be in favour of the original plaintiff even if he has not
made any claim against him, and the party claiming the guarantee may apply for excluding
him from the suit, if he is not liable for personal obligation.
Article 120
If the court decides that the guarantee application has no ground; it may order the party
claiming the guarantee to pay compensation for the delay in determining the original suit.
Article 121
Every interested person may join the suit to any of the parties or claiming judgment for a
relief connected with the suit. The application for joining shall be in accordance with the
normal procedure for filing the suit, prior to the date of session, or by verbal application in the
presence of the parties, and to be noted in the record of the same. Application for joining
shall not be allowed after the final submission.
Article 122
The court shall decide on every dispute relating to acceptance of joining, and if the court
believes that the application for joinder or joining has no basis of genuine interest, it shall
reject the application.
In all cases, joining application shall not stay passing the judgment in the original suit
whenever it is fit for judgment. The court shall decide on joining applications together with
the original suit, whenever it is possible, otherwise, it shall retain the joining application for
judgment after materialization of the same.
Chapter Three
Interlocutory Applications
Article 123
Interlocutory applications from the plaintiff or the defendant shall be submitted to the court
according to the normal procedure for filing the suit before the date of the session or by
verbal application to be submitted in the session in the presence of the other party, and shall
be noted in the session record. Interlocutory applications shall not be allowed after final
submission.
Article 124
The 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 125
The 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 126
The delivery of judgment shall not be stayed due to submission of interlocutory applications
whenever the suit is fit for determination. The court shall, whenever it is possible, decide on
the interlocutory application together with the original suit, otherwise, shall retain the
interlocutory application for judgment after materializing of the same.
Part Seven
Interruption of Course of Litigation Suspension,
Discontinuance, Lapse, Expiry And Abandonment of the Litigation
Chapter One
Article 127
The suit may be suspended as per the parties' agreement for maximum period of six months
from the date the court has confirmed their agreement, such suspension shall have no effect
on 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 consent
of the other party.
If the suit is not resumed during the next ten days subsequent to the expiry period, the
plaintiff shall be deemed to have abandoned his suit and the appellant deemed to have
abandoned his appeal.
Article 128
Except in other cases where the Law provides for mandatory or discretionary suspension of
the suit, the court may order the suspension of the suit, whenever it considers that issuance
of 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 apply
for fixing a session to resume the course of the suit.
Chapter Two
Discontinuance of Course of Litigation
Article 129
The course of litigation shall discontinue by the force of Law due to death of one of the
parties, or becomes incapacitated, or termination of the legal capacity of the person who was
undertaking the litigation on his behalf, unless the suit has become ready for judgment on its
merits.
Nevertheless, if one of the parties requests for time to summon who may act on behalf of the
party in whose respect the cause of discontinuance has been established, the court, before
determining the discontinuance of the course of litigation must order him to effect the
summon within time to be specified by the court. If he does not serve the summon within the
time without any cause, the court shall order the discontinuance of course of litigation from
the date it has been established.
The litigation shall not be discontinued due to the death of the attorney, or the termination of
his power of attorney by retirement or dismissal.
The court may grant reasonable time for the party whose attorney has died or his power of
attorney has expired, if he has started and appointed new attorney within the fifteen days
subsequent to the expiry of the first power of attorney.
Article 130
The suit is considered suitable for judgment on its merits when the parties have indicated
their statement and their final claims in the session submission before the death, incapacity
or termination of the capacity.
Article 131
Discontinuance of litigation shall result in suspension of all time limits for proceedings which
were running against the parties, and nullity of all proceedings which take place during the
discontinuance.
Article 132
The suit shall be resumed by summoning the legal heirs of the deceased, who act on behalf
of the incapacitated or whose capacity is terminated, at the request of the other party, or by
summon to be served on this party at the request of these parties. The course of the suit will
also be resumed by appearance in the session fixed for hearing it, of the legal heirs of the
deceased or who act on behalf of the incapacitated or on behalf of whose capacity has been
terminated, and undertaking the course of proceeding therein.
Chapter Three
Expiry and Lapse of the Litigation By Prescription
Article 133
Whoever interested of the parties to the litigation, whenever one year has expired from the
last proper proceeding of the litigation may apply for a judgment declaring the litigation as
expired, in case the course of the suit has not been resumed, due to the plaintiff's act or
forbearance.
The period of expiry of litigation in cases of discontinuance shall not commence except from
the day in which the party, who applies for the expiry of litigation notified the legal heirs of his
deceased opponent, or who has become acting on behalf of the incapacitated or whose
capacity has been terminated.
The period prescribed for expiry of the litigation shall apply against all persons even those of
no capacity or diminished capacity, this without prejudice to their right to recourse against
their representatives for compensation, due to their negligence in following up the suit, which
has 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 is
filed, 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 resuming
the proceedings after the expiry of one year.
The application or the defense shall be against all plaintiffs or appellants, otherwise it would
not be acceptable.
Article 135
The judgment declaring the expiry of the litigation shall render expired all decisions passed
therein for undertaking proof of the same, and cancellation of all litigation proceedings
including the proceedings of filing the suit, however, the judgment does not extinguish the
right in the original suit nor does the right in the final judgments issued therein, or the right in
the proceedings prior to these judgment or declarations made by the parties. Provided that
the expiry of the litigation does not preclude the parties from pleading the proceedings of the
investigation and the expertise works which were carried out, unless they are void per se.
Article 136
When the expiry of litigation has been determined at the appeal stage, the appealed
judgment shall be considered in all circumstances as final, and when the expiry of litigation
has 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 rules
pertaining to appeal or the first instance as the case may be, shall apply.
Article 137
In 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 Supreme
Court.
The consequences follow the lapse of litigation shall be the same consequences that follow
the expiry of the same.
Chapter Four
Abandonment of Litigation
Article 138
The plaintiff may abandon the litigation through a notice to his opponent or by expressing
statement in a memorandum signed by him or his legal representative informing the
opponent of it, or by indicating that verbally in the session and noted in the records.
Article 139
Abandonment shall not happen after the defendant has stated his requests, unless he
accepts the same, however, his objection will not be considered if he pleaded lack of the
court jurisdiction, transfer of the suit to another court, or voidness of its plaint, or the suit
shall not be heard as it has previously been determined (res- judicata) or any other defenses
which are intended to preclude the court from hearing the suit.
Article 140
The abandonment shall be followed by cancellation of all litigation proceedings including the
suit filing, the abandoned party shall bear the expenses. However, the original right for which
the suit is filed shall not be affected.
Article 141
If the party while the litigation is existing, waived any measure or any of the submissions
documents expressly or impliedly, the said measure or document is deemed to have been
null, waiving the judgment shall be followed by waiving the right established thereby
Part Eight
Incompetence, Recusal And Removal of Judges
Article 142
The judge shall be incompetent to consider the suit and shall not be allowed to hear the
same, 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 degree
with the guardian of one of the parties, his curator, or with a member of the Board of
Directors of the litigating company or one of its Directors who has personal interest in
the suit.
4.
5.
If he, his wife, one of his relatives or his in- laws or when he is his agent, guardian, or
curator has interest in the outstanding suit.
If he rendered legal opinion, pleaded on behalf of one of the parties in the suit, or
wrote on it even before joining the judiciary or if he had previously heard it as a judge,
Article 143
The judge's act or judgment shall stand void in the cases provided for in the preceding
Article, 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 may
request the court to reverse the judgment and review the cassation before another panel.
Article 144
The 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 of
the suit pending before him, unless this suit is filed for the purpose recusing him from
the suit pending before him.
2.
If his divorced wife from whom he has a child, or one of his relatives, or one of his
relatives by marriage, has an outstanding litigation with one of the parties to the suit or
with his wife, unless this litigation has been initiated after the initiation of the suit
pending 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 the
parties 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 which
probably disallows him to deliver a judgment without bias.
Article 145
If the judge is competent to hear the suit, or if one of the reasons for his recusal has been
established, he should inform the court in the discussion room or the Chief of the Court of
First Instance, as the case may be, of the reason recused for permitting him to retire. The
same shall be noted in special record to be kept with the court.
Article 146
The judge, may in cases other than provided for in Articles (142) and (144), if he feels for
any reason it is embarrassing to hear the suit, may suggest to the court in the discussion
room, his retirement or to Chief of the Court of First Instance to obtain his approval for
recusal.
Article 147
The 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 evidential
proceedings, the request shall be submitted within three days from the day of deputing if the
decision for deputing is issued in the presence of the applicant, and if the decision was
issued in his absence, then, the three days shall start from the day of notification. The
application for recusal may be submitted if the reasons for the same have arisen after the
prescribed time, or if the applicant proves that, he has not become aware of the reasons only
after the expiry of these time limits.
Article 148
The 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 application
in 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 the
final submission in a previous application for recusal submitted in the suit, whenever he is
notified of the session fixed for hearing the same, and the reasons for recusal were existing
until the final submission.
Article 149
The recusal shall take place by a report to be lodged with the clerical section of the court to
which 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 the
report. The report must contain the reasons for recusal together with the corroborating
documents.
The applicant must pay when lodging the report Two Hundred Omani Rials as security. The
jurisdiction for hearing application for recusal of any of the judges of the Court of First
Instance, shall be for one of the Court of Appeal panels, within the jurisdiction of which the
Court of First Instance to which the judge required to be recused follows, is situated. The
jurisdiction for hearing application for recusal of the judge in the Court of Appeal or in the
Supreme Court shall be for a panel in the Court of Appeal or in the Supreme Court, as the
case may be, other than the panel where the judge required to be recused is a member.
Article 150
If the recusal is taking place against a judge who sits for the first time to hear the suit, in the
presence of the parties, the recusal may be by a memorandum to be delivered to the court
clerk. The applicant must confirm the application with the court clerical section in the same
day or the next day, otherwise the right in respect thereof will expire.
Article 151
The court clerical section must submit within twenty four hours, the recusal report to the
head of the court along with statement indicating the resucsal applications submitted in the
suit and what was taken therein, the head must inform the judge required to be recused of
the report immediately and send copy of the same to the Public Prosecution.
Article 152
The judge required to be recused must reply in writing to the facts and reasons for recusal
within the next four days of information. If the reasons legally deserve to be replied and the
judge required to be recused does not reply to them within the limited time or admits them in
his reply, then, the Chief of the Court shall order him to retire.
Article 153
In other cases not provided for in the preceding Article, the following procedures shall be
taken:
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 competent
Court of Appeal, the next day after the expiry of time limit. The Chief of the competent
court 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 the
session fixed for hearing the application for recusal, to submit their applications
for 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's
comments at the litigation or if he requests so and the representative of the
Public Prosecution if he joins the suit, shall decide on the same in the discussion
room, then, gives its decision within a period not exceeding two months from the
date of the report. It shall not be allowed in discussing the recusal application to
interrogate the judge nor shall administer oath to him.
3. The judgment issued on recusal application shall be pronounced together with the
reasons in an open Court, Application for recusal of one of the judges hearing the
recusal application shall not be allowed and no suspension of the proceedings for
hearing the recusal application shall insue. In all cases, no appeal shall be allowed
against the judgment rejecting the application for recusal, except with the appeal
filed 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 shall
send the recusal report and its documents to the court which the judge is following for
informing him of the report and receives his reply then, return them to the former court to
apply the provisions prescribed in the preceding Articles.
In case the applications for recusal are submitted before the final submission in respect of
previous application for recusal, the Chief of the Court must transfer these applications to the
same panel hearing that application to determine them in one judgment without compliance
with 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 or
waiver of the same, the court shall punish the applicant with fine of not less than Two
Hundred and Fifty Omani Rials and not exceeding Five Hundred Omani Rials and
confiscation 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 judges
required to be recused. The applicant shall be exempted from payment of fine, in case of
waiver in the first session, or if the waiver is due to retirement, transfer or termination of
service of the judge required to recused.
Article 157
As 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 Court
may depute another judge instead of the judge required to be recused.
Article 158
If the application for recusal is rejected, or the right therein has expired, not accepted or
waived the same, submission of any further application for recusal shall not suspend the
original suit, nevertheless, the court hearing the application may at the request of one of
those who are concerned, order the suspension the course of the original suit, in which case
the provision of the preceding Article shall apply.
Article 159
The preceding rules and procedure shall be followed in case of recusal of member of Public
Prosecution, if he is a joining party for any of the reasons provided for in Article (142) and
(144) of this Law.
Article 160
It 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 application
for recusal.
Article 161
If the judge files a suit for compensation or criminal case against the applicant, his judicial
authority is deemed to been expired to adjudge the suit and he should retire from hearing the
same.
Part Nine
Judgements
Chapter One
Issuance of Judgments
Article 162
Judgment shall be issued and executed in the name of His Majesty, The Sultan.
Article 163
The discussion of judgment shall be behind closed doors between the judges collectively. No
one shall participate in the discussion except the judges who heard the submission,
otherwise, the judgment shall be null and void.
Article 164
The court shall not during the discussion hear one of the parties or his attorney, except in the
presence of his opponent, or accept documents or pleadings from one of the parties without
informing the other party of them, otherwise, the act shall be void.
Article 165
Judgment shall be issued unanimously or by majority, if the majority is not available and the
opinions are diverged to more than two opinions, then the group of small number or the
group which include the latest judges, shall join one of the two opinions given by the group of
large numbers after taking the opinions for second time.
Article 166
The judges who participated in the discussion, must attend the pronounce of the judgment, if
some 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 copy
of the judgment.
Article 167
The court may after the submission is finished, pronounce the judgment in the session. The
court 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, the
court shall permit the same in the session, mentioning the date fixed for pronouncing the
judgment and stating the reasons of adjournment in the session record. The court shall not
after 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 of
the new date.
Article 168
The 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 the
records. 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 session
fixed.
Article 169
The judge shall pronounce the judgement by reading its text, or by reading its text along with
the reasonings, pronouncement of the judgement shall be in an open court, otherwise, it
shall be void.
Article 170
If the judgment is pronounced after the final submission, original draft of the same must be
lodged within ten days from the date of pronouncement.
In case of adjournment to a session other than the submission session, the original draft of
the reasonings should be lodged upon pronouncing the judgment.
In all cases, the original draft of the judgment must be signed by the President and the
member 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 171
The draft of the judgment containing the text and reasonings of the same shall be kept, after
pronouncing the judgment, in the case file and no copy shall be given, however, the parties
are allowed to peruse it, until the original copy of the judgment is finalized.
Article 172
It 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 the
judges heard, the submission and participated and attended the pronouncement of the
judgment, the member of the Public Prosecution (if any), who gave his opinion in the suit
and 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 summary
of their statements of defense, their substantial defense, opinion of the Public Prosecution (if
any), 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 non
identification of the parties or their title, or the judges who participated in the issuance of the
judgment, will render the same void.
Article 173
The President of the session and the court clerk shall sig~ the original copy of the judgment
within ten days from the date of lodging the original draft of the judgment, and shall be kept
in the case file, otherwise, whoever caused the delay shall be bound to pay compensation.
Article 174
Official copy of the judgment shall be given to the party who request the same, or their
attorneys, it shall not be given to other except by the court permission, subject to payment of
the prescribed fee.
Article 175
The copy of the judgment vide which the execution will be undertaken, shall be sealed by the
court seal and signed by the court clerk, after affixing the executive form, and it shall only be
delivered to the party who is interested in executing the judgment, which is permissible.
Article 176
If the court clerical section refused to give the first executive copy, the applicant may submit
complaint petition to the summary judge in the court who issued the judgments or the Head
of the panel issued the judgement, if it is issued by the Court of Appeal or the Supreme
Court to issue his order on it in accordance with the procedure prescribed in the Part
providing for Orders on the Plaints.
Article 177
No second executive copy shall be delivered to the same party, except in case the first copy
is lost. The court issued the judgment shall decide on disputes related to delivery of second
executive copy in case of loss of the first copy, vide a petition to be served by one of the
parties to the other. A second executive copy may be delivered to the applicant if he
presents a written approval from his opponent, the judgment debtor.
Chapter Two
Correction and Interpretation of JUdgments
Article 178
The 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 parties
without submission. The court clerk shall make the correction on the original copy of the
judgment and sign it by him and the President of the session.
Article 179
If the correction is made in the absence of the parties, or at the request of one of them in the
absence of the other after delivering copy of the judgment to them, the absent party shall be
notified through the court clerical section or the applicant party, to appear with the judgment
copy delivered to him, to effect the correction on it, the executive copy of the judgment which
contradicts with correction is considered invalid for execution to the extent of contradiction.
Article 180
The decision of correction may be appealed, if the court exceeds its right provided for in
Article (178), by the permissible ways of appealing the judgment subject to correction, but
the decision rejecting the correction shall not be appealed separately.
Article 181
The parties may apply to the court which issued the judgment for interpretation of any
ambiguity or confusion in its text, the application shall be submitted by the ordinary
procedure for filing the suit and the judgment issued for the interpretation is considered
complementary to the judgment which it interpretates and subject to the same rules
pertaining to appeal which are applicable to the original judgment.
Article 182
If the court judgment omits part of the objective relieves, the concerned party may apply for
summoning his opponent to appear before the court for hearing these request and deciding
on them.
Chapter Three
Expenses of the Suit
Article 183
The, court upon issuing the judgment terminating the dispute must decide from its own
motion, on the expenses, which shall be borne by the losing party, the judgment debtor. If
the judgment debtors are being several, the court may divide the expenses between them on
equal basis or on pro rata basis of interest of each of them in the suit according to
assessment 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 184
The 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 disclosed
conclusive documents in the suit or their contents which are in his possession.
Article 185
If each of the parties fails in some of the relieves, the court may order each party shall bear
what he has paid, or divide the expenses between them according to what the court may
decide in its judgment. The court may also order one of them to bear the whole expenses.
Article 186
The expenses for joining shall be borne by the applicant if his claims are separate and his
application for joining or his claims are rejected.
Article 187
The court may, at the request of the party, award him compensation to be paid by his
opponent in consideration of expenses arised from each malicious suit of defense. Also, the
court may form its own motion impose payment of fine of not less than Ten Omani Rials and
not exceeding Fifty Omani Rials against the party who adopts a proceeding or submit a
request or defense with intention of causing malice to his opponent.
Article 188
The expenses of the suit shall be assessed whenever possible, in the judgment, otherwise, it
shall be assessed by the Chief of the court who issued the judgment, by an order on a
petition submitted by the judgment creditor, the judgment debtor shall be notified of the
same. The said order shall not be subject to prescription provided for in Article (194) of this
Law.
Article 189
Any party may object against the aforementioned order in the preceding Article, the objection
shall take place in front of the bailiff when effecting the notice of assessment order, or by a
report to the clerical section of the court which issued the judgment within ten days from the
date of notification. The bailiff or the court clerical section shall as the case may be fix a
date for hearing the objection by the court in the discussion room and the parties shall be
notified of the date before three days of the same.
Part Ten
Orders on Petitions
Article 190
In cases where the Law provides for the party's right for suing out an order, he should submit
his application vide a petition to the summary judge or to the President of the panel hearing
the suit. The petition shall be in two identical copies containing the facts and proof of the
application, it shall specify the applicant's chosen domicile in the town where the court is
situated, the documents supporting the application shall also be enclosed therewith.
Article 191
The President of the panel or the summary judge shall, as the case may be, issue his order
in writing on one of the two copies of the plaint, the next day of submitting the same, he is
not 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 be
stated, otherwise, it will be void.
Article 192
The court clerical section must deliver the applicant, the second copy of the plaint indicating
copy of the order, latest, the next day of issuing the order. The original plaint on which the
order is issued shall be kept with the court clerical section in special record.
Article 193
The concerned parties may object against the order issued by the court according to the
normal procedure for filing the suit, unless the Law otherwise provides. The objection may
also be submitted following the original suit, in any state the suit shall be. The objection must
be substantiated, otherwise, it will be void. Objection against the order shall not suspend
execution 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 same
is subject to appeal in accordance with the prescribed rules.
Article 194
The order issued on a plaint shall expire, if no application for execution of the same is
submitted with thirty days from the date of issuance of the same. However, the expiry of the
order does not prevent suing out a fresh order.
Part Eleven
Orders of Payment
Article 195
In exception to the general rules for filing suits, the rules stated in the following Article shall
be followed, if the creditor's right is established by writing and payment becomes due, and
that what the creditor claims is a debt of certain amount of money or movable, certain in
itself, 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 alternative
guarantor of one of them. But, if he decides to recourse against other than the above
mentioned, he must follow the general rules for filing the suit.
Article 196
If the creditor filed his suit by the normal procedure, despite the availability of conditions for
suing out the order of payment, this should not prevent the court from hearing the suit.
Article 197
The creditor must first demand payment from the debtor, within at least eight days, then
apply to the court where the debtor's domicile is situated, or the president of the panel of the
court, as the case may be, for an order of payment, the demand for payment, shall
sufficiently be considered as taken place, if it is effected through a letter addressed to the
debtor by the registered mail. The protest for non payment in lieu of the demand notice shall
be recognized.
The title claimed in the demand notice shall not be less than that is claimed in the petition for
suing out the order of payment.
Article 198
The order of payment shall be issued according to a plaint to be submitted by the creditor or
his attorney, the debt deed shall be enclosed with the plaint and the evidence indicating that
demand for payment has been made, the deed shall be retained by clerical section until time
limit for objection expires. The plaint must be drafted in two identical copies and shall contain
the details required for the suit plaint as provided for in Article (64) of this Law.
The order must be issued on one of the
of submission of the plaint, the amount
what is ordered to be paid of movable
plaint shall have the effect of filing the
has no jurisdiction.
two copies within maximum three days from the date
claimed must specify the principal and revenues or
according to the circumstances and expenses. The
suit from the date of its submission, even the court
No application for order of payment shall be accepted from the creditor, unless the plaint is
supported by proof that the prescribed fee has been paid.
Article 199
If the judge or the President of the panel, as the case may be, decides not to accede to all
applicants relieves, he must abstain from issuing the order and shall commit the application
to the competent court, he shall fix a session for hearing the application, the court clerical
section shall notify the debtor to appear in the fixed session. Refusing to grant immediate
self- executing order shall not be considered as refusal of part of the relieves, within the
provision of this Article. The summon of the session shall contain all the details of the suit
plaint provided for in Article (64). It is not permissible for any of the parties to appeal against
the committal order, even after issuing judgment on the subject.
Article 200
The debtor's summon with the plaint or the notice of order of payment issued against him
shall be effected on his person, or in his original domicile, or at his place of work. The plaint
and the order issued thereon is deemed to have been null, if the debtor is not notified of the
same within six months from the date of issuing the order.
Article 201
The 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 filing
the suit. The objection must be substantiated, otherwise, it will be void. The objector shall be
considered as the plaintiff. The rules and procedure applied before the Court of First
Instance shall be followed when hearing the objection.
If the objector does not appear in the first session for hearing the objection, the court shall
from its own motion consider the objection as null. The order of payment may be appealed
according to rules and procedure prescribed for appealing the judgment. The time limit for
the appeal, shall commence from the date the time limit for objection has expired, or from
the date it is considered null. The right of objection against the order shall lapse, if it is
directly appealed.
Part Twelve
Ways of Appeal Against Judgement
Chapter One
General Provisions
Article 202
Appeal against judgments shall not be permissible except by the party against whom the
judgment is issued. Appeal is not also permissible to the party who accept, the judgment, or
whose all relieves are awarded, unless the Law provides otherwise. The appellant shall not
be prejudiced by his appeal.
Article 203
Decision issued during the course of the suit which do not determinate the litigation, are not
appellable unless after issuance of the judgment determining the whole litigation. However,
exception shall be to the provisional and urgent decisions for suspending the suit, judgments
subject to compulsory execution, judgments issued declaring lack of jurisdiction and
committal of the suit to the competent court. In the latter case, the court to which the suit is
committed, must suspend the same until the appeal is determined.
Article 204
Unless otherwise the Law provides, the time limit for appeal against the judgment shall start
the next day subsequent to the date of its issuance. This time limit shall also start from the
next day subsequent to the date of notification of the judgment debtor who did not appear in
all sessions fixed for hearing the suit and did not submit his statement of defense. Also, if the
judgment debtor did not appear or did not submit his statement of defense in all sessions
subsequent to resumption of the suit after the suspension of the course of proceeding
therein 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 is
issued without litigating the person who represents the deceased, the incapacitated, or
whose capacity has lapsed, the notice of the judgment shall be addressed to the judgment
debtor in person, or in his original domicile, the time limit shall continue against whoever
notified of the judgment.
Article 205
The notice of appeal shall be to the other party in person, or his original domicile and may be
notified in his chosen domicile in the notice of the judgement. If the respondent is the plaintiff
who did not indicate in the suit plaint his original domicile, he may be notified of the appeal in
his chosen domicile indicated in the plaint.
Article 206
The right of appeal shall lapse in case of non compliance with the time limits of submitting
appeal against judgements, the court shall from its own motion decides accordingly.
Article 207
The time limit for appeal shall stop by the death of the judgement debtor, being incapacitated