What is Kaedah-Kaedah Mahkamah 2012?

Kaedah-Kaedah Mahkamah 2012 is Malaysia P.U. (A), cited as P.U. (A) 205 2012, currently marked in force and first recorded in 2012.

Is Kaedah-Kaedah Mahkamah 2012 still in force?

Yes — Kaedah-Kaedah Mahkamah 2012 is currently in force.

When did Kaedah-Kaedah Mahkamah 2012 take effect?

Kaedah-Kaedah Mahkamah 2012 was first recorded in 2012.

How many sections does Kaedah-Kaedah Mahkamah 2012 have?

Kaedah-Kaedah Mahkamah 2012 contains 1159 sections.

Where can I read the official version of Kaedah-Kaedah Mahkamah 2012?

The official text of Kaedah-Kaedah Mahkamah 2012 is published at lom.agc.gov.my.

P.U. (A)In force

Kaedah-Kaedah Mahkamah 2012

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Enacted: 2012
Sections: 1159

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Front matterP.U. (A) 205
Seksyen 1Citation, application, interpretation and forms
Seksyen 2Effect of non-compliance
Seksyen 3Time
Seksyen 4Consolidation of proceedings
Seksyen 5Mode of commencement of proceedings
Seksyen 6Writs of summons: General provisions
Seksyen 7Originating summonses: General provisions
Seksyen 8(There is no Order 8)
Seksyen 9(There is no Order 9)
Seksyen 10Service of originating process: General provisions
Seksyen 11Service of process out of the jurisdiction
Seksyen 12Entry of appearance to writ
Seksyen 13Default of appearance to writ
Seksyen 14Summary judgment
Seksyen 14ADisposal of case on point of law
Seksyen 15Causes of action, counterclaims and parties
Seksyen 16Third party and similar proceedings
Seksyen 17Interpleader
Seksyen 18Pleadings
Seksyen 19Default of pleadings
Seksyen 20Amendments
Seksyen 21Withdrawal and discontinuance
Seksyen 22(There is no Order 22)
Seksyen 22BOffer to settle
Seksyen 23Security for costs
Seksyen 24Discovery and inspection of documents
Seksyen 25(There is no Order 25)
Seksyen 26Interrogatories
Seksyen 27Admissions
Seksyen 28Originating summons procedure
Seksyen 29Interlocutory injunctions, interim preservation of property
Seksyen 30Receivers
Seksyen 31Sales of immovable property by order of court
Seksyen 32Applications and proceedings in chambers
Seksyen 33Mode of trial
Seksyen 34Pre-trial case management
Seksyen 35Proceedings at trial
Seksyen 35A(There is no Order 35A)
Seksyen 36Trials before and inquiries by Registrar
Seksyen 37Assessment of damages
Seksyen 38Evidence: General
Seksyen 39Evidence by deposition: Examiners of the court
Seksyen 40Court expert
Seksyen 40AExperts of parties
Seksyen 41Affidavits
Seksyen 42Judgment and orders
Seksyen 43Accounts and inquiries
Seksyen 44Proceedings under judgments and orders on the equity side
Seksyen 45Enforcement of judgment and orders
Seksyen 46Writs of execution: General
Seksyen 47Writs of seizure and sale
Seksyen 48Examination of judgment debtor
Seksyen 49Garnishee proceedings
Seksyen 50Charging orders, stop orders
Seksyen 51Receivers: Equitable execution
Seksyen 51ARateable distribution
Seksyen 52Committal
Seksyen 53Application for judicial review
Seksyen 54(There is no Order 54)
Seksyen 55Section 55
Seksyen 55AAppeals to High Court from Subordinate Courts
Seksyen 56Appeals from Registrar of the High Court to a Judge in Chambers
Seksyen 57Transfer of proceedings
Seksyen 58(There is no Order 58)
Seksyen 59Costs
Seksyen 60The Registry
Seksyen 61Sittings, vacation and office hours
Seksyen 62Service of documents
Seksyen 63Paper, printing, notices and copies
Seksyen 63AElectronic filing
Seksyen 64Change of solicitor
Seksyen 65Service of foreign process
Seksyen 66Obtaining evidence for foreign court
Seksyen 67Reciprocal enforcement of judgments
Seksyen 68(There is no Order 68)
Seksyen 69Arbitration proceedings
Seksyen 70Admiralty proceedings
Seksyen 71Non-contentious probate proceedings
Seksyen 72Contentious probate proceedings
Seksyen 73Proceedings by and against the Government
Seksyen 74Debtors Act 1957
Seksyen 75Distress Act 1951
Seksyen 76Disability
Seksyen 77Partners
Seksyen 78Defamation actions
Seksyen 79Moneylenders’ actions
Seksyen 80Administration and similar actions
Seksyen 81Actions for specific performance, summary judgment
Seksyen 82Debenture holders’ action: Receiver’s register
Seksyen 83Charge actions
Seksyen 84Proceedings relating to infants
Seksyen 85Bills of Sale Act 1950
Seksyen 85AProceedings arising out of hire-purchase agreements
Seksyen 86Inheritance (Family Provision) Act 1971
Seksyen 86AEmployment Act 1955
Seksyen 87Trade Marks Act 1976
Seksyen 88Companies Act 1965
Seksyen 89Summary proceedings for possession of land
Seksyen 90Lodgment in court and payment to sheriff
Seksyen 91Court fees
Seksyen 92Miscellaneous
Seksyen 93Small claims procedure
Seksyen 94Repeal, savings and transitional provisions
MukadimahPreamble
Seksyen 1Section 1
Seksyen 2Application (O. 1, r. 2)
Seksyen 3(There is no rule 3)
Seksyen 4Definitions (O. 1, r. 4)
Seksyen 5Construction of references to Orders, rules (O. 1, r. 5)
Seksyen 5ASection 5A
Seksyen 6Section 6
Seksyen 7Forms (O. 1, r. 7)
Seksyen 8Orders 30, 31, 43, 44, 50, 51, 51A, 53, 56, 66, 67, 69, 70, 71, 72, 80, 82, 83, 86, 87,
Seksyen 1Section 1
Seksyen 2Application to set aside for irregularity (O. 2, r. 2)
Seksyen 3Preliminary objection for non-compliance of rules not allowed (O. 2, r. 3)
Seksyen 1Without prejudice to the Interpretation Acts 1948 and 1967 [Act 388], the word
Seksyen 2Reckoning periods of time (O. 3, r. 2)
Seksyen 3(There is no rule 3)
Seksyen 4Time expires on weekly holiday (O. 3, r. 4)
Seksyen 5Extension of time (O. 3, r. 5)
Seksyen 6(There is no rule 6)
Seksyen 1Section 1
Seksyen 1Section 1
Seksyen 2Proceedings which shall be begun by writ (O. 5, r. 2)
Seksyen 3Proceedings which shall be begun by originating summons (O. 5, r. 3)
Seksyen 4Proceedings which may be begun by writ or originating summons (O. 5, r. 4)
Seksyen 5(There is no rule 5)
Seksyen 6Right to sue in person (O. 5, r. 6)
Seksyen 1Section 1
Seksyen 2Endorsement on writ (O. 6, r. 2)
Seksyen 3(There is no rule 3)
Seksyen 4(There is no rule 4)
Seksyen 5Concurrent writ (O. 6, r. 5)
Seksyen 6Issue of writ (O. 6, r. 6)
Seksyen 7Duration and renewal of writ (O. 6, r. 7)
Seksyen 1(There is no rule 1)
Seksyen 2Forms of originating summons (O. 7, r. 2)
Seksyen 3Contents of originating summons (O. 7, r. 3)
Seksyen 4(There is no rule 4)
Seksyen 5Issue of originating summons (O. 7, r. 5)
Seksyen 6Duration and renewal of originating summons (O. 7, r. 6)
Seksyen 7Ex parte originating summons (O. 7, r. 7)
Seksyen 1Section 1
Seksyen 2Service of writ on agent of overseas principal (O. 10, r. 2)
Seksyen 3Service of writ in pursuance of contract (O. 10, r. 3)
Seksyen 4Section 4
Seksyen 5Service of originating summons (O. 10, r. 5)
Seksyen 1Section 1
Seksyen 2Service out of the jurisdiction in certain actions of contract (O. 11, r. 2)
Seksyen 3Leave for service of notice of writ (O. 11, r. 3)
Seksyen 4Section 4
Seksyen 5Service of notice of writ abroad: General (O. 11, r. 5)
Seksyen 6Section 6
Seksyen 7Section 7
Seksyen 8Undertaking to pay expenses of service incurred by Minister (O. 11, r. 8)
Seksyen 9Service of originating summons (O. 11, r. 9)
Seksyen 1Section 1
Seksyen 2Memorandum of appearance (O. 12, r. 2)
Seksyen 3Procedure on receipt of memorandum of appearance (O. 12, r. 3)
Seksyen 4References in these Rules to the time limited for appearing are references—
Seksyen 5Late appearance (O. 12, r. 5)
Seksyen 6(There is no rule 6)
Seksyen 7(There is no rule 7)
Seksyen 8(There is no rule 8)
Seksyen 9Appearance not to constitute a waiver (O. 12, r. 9)
Seksyen 10Dispute as to jurisdiction (O. 12, r. 10)
Seksyen 11Application by defendant where writ not served (O. 12, r. 11)
Seksyen 12No appearance to originating summons (O. 12, r. 12)
Seksyen 1Section 1
Seksyen 2Claim for unliquidated damages (O. 13, r. 2)
Seksyen 3Claim in detinue (O. 13, r. 3)
Seksyen 4Claim for possession of immovable property (O. 13, r. 4)
Seksyen 5Mixed claims (O. 13, r. 5)
Seksyen 6Other claims (O. 13, r. 6)
Seksyen 7Proof of service of writ (O. 13, r. 7)
Seksyen 8Setting aside judgment (O. 13, r. 8)
Seksyen 1Section 1
Seksyen 2Manner in which application under rule 1 shall be made (O. 14, r. 2)
Seksyen 3Judgment for plaintiff (O. 14, r. 3)
Seksyen 4Leave to defend (O. 14, r. 4)
Seksyen 5Application for summary judgment on counterclaim (O. 14, r. 5)
Seksyen 6Directions (O. 14, r. 6)
Seksyen 7Costs (O. 14, r. 7)
Seksyen 8Right to proceed with residue of action or counterclaim (O. 14, r. 8)
Seksyen 9Judgment for delivery up of movable property (O. 14, r. 9)
Seksyen 10Relief against forfeiture (O. 14, r. 10)
Seksyen 11Setting aside judgment (O. 14, r. 11)
Seksyen 1Section 1
Seksyen 2Manner in which applications under rule 1 may be made (O. 14A, r. 2)
Seksyen 1Section 1
Seksyen 2Counterclaim against plaintiff (O. 15, r. 2)
Seksyen 3Counterclaim against additional parties (O. 15, r. 3)
Seksyen 4Joinder of parties (O. 15, r. 4)
Seksyen 5Court may order separate trials (O. 15, r. 5)
Seksyen 6Misjoinder and non-joinder of parties (O. 15, r. 6)
Seksyen 6AProceedings against estates (O. 15, r. 6A)
Seksyen 7Change of parties by reason of death (O. 15, r. 7)
Seksyen 8Section 8
Seksyen 9Failure to proceed after death of party (O. 15, r. 9)
Seksyen 10Actions for possession of immovable property (O. 15, r. 10)
Seksyen 11Relator actions (O. 15, r. 11)
Seksyen 12Representative proceedings (O. 15, r. 12)
Seksyen 13Representation of interested persons who cannot be ascertained (O. 15, r. 13)
Seksyen 13ANotice of action to non-parties (O. 15, r. 13A)
Seksyen 14Representation of beneficiaries by trustees (O. 15, r. 14)
Seksyen 15Representation of deceased person interested in proceedings (O. 15, r. 15)
Seksyen 16Declaratory judgment (O. 15, r. 16)
Seksyen 17Conduct of proceedings (O. 15, r. 17)
Seksyen 18(There is no rule 18)
Seksyen 19(There is no rule 19)
Seksyen 20(There is no rule 20)
Seksyen 21(There is no rule 21)
Seksyen 22(There is no rule 22)
Seksyen 23(There is no rule 23)
Seksyen 24(There is no rule 24)
Seksyen 25(There is no rule 25)
Seksyen 26(There is no rule 26)
Seksyen 1Section 1
Seksyen 2Application for leave to issue third party notice (O. 16, r. 2)
Seksyen 3Section 3
Seksyen 4Third party directions (O. 16, r. 4)
Seksyen 5Default of third party (O. 16, r. 5)
Seksyen 6Setting aside third party proceedings (O. 16, r. 6)
Seksyen 7Judgment between defendant and third party (O. 16, r. 7)
Seksyen 8Claims and issues between a defendant and some other party (O. 16, r. 8)
Seksyen 9Claims by third and subsequent parties (O. 16, r. 9)
Seksyen 10Offer of contribution (O. 16, r. 10)
Seksyen 11Counterclaim by defendant (O. 16, r. 11)
Seksyen 1Section 1
Seksyen 2Claim to goods taken in execution (O. 17, r. 2)
Seksyen 3Mode of application (O. 17, r. 3)
Seksyen 4Service of summons and notice of application (O. 17, r. 4)
Seksyen 5Powers of Court hearing originating summons or notice of application (O. 17, r. 5)
Seksyen 6Power to order sale of goods taken in execution (O. 17, r. 6)
Seksyen 7Power to stay proceedings (O. 17, r. 7)
Seksyen 7AWithdrawal or admission (O. 17, r. 7A)
Seksyen 8Other powers (O. 17, r. 8)
Seksyen 9One order in several causes or matter (O. 17, r. 9)
Seksyen 10Discovery (O. 17, r. 10)
Seksyen 11Trial of interpleader issue (O. 17, r. 11)
Seksyen 1Section 1
Seksyen 2Service of defence (O. 18, r. 2)
Seksyen 3Service of reply and defence to counterclaim (O. 18, r. 3)
Seksyen 4Pleadings subsequent to reply (O. 18, r. 4)
Seksyen 5(There is no rule 5)
Seksyen 6Pleadings: Formal requirements (O. 18, r. 6)
Seksyen 7Facts, not evidence, to be pleaded (O. 18, r. 7)
Seksyen 8Matters which shall be specifically pleaded (O. 18, r. 8)
Seksyen 9Matter may be pleaded whenever arising (O. 18, r. 9)
Seksyen 10Departure (O. 18, r. 10)
Seksyen 11Points of law may be pleaded (O. 18, r. 11)
Seksyen 12Particulars of pleading (O. 18, r. 12)
Seksyen 13Admissions and denials (O. 18, r. 13)
Seksyen 14Denial by joinder of issue (O. 18, r. 14)
Seksyen 15Statement of claim (O. 18, r. 15)
Seksyen 16Defence of tender (O. 18, r. 16)
Seksyen 17Defence of set-off (O. 18, r. 17)
Seksyen 18Counterclaim and defence to counterclaim (O. 18, r. 18)
Seksyen 19Striking out pleadings and endorsements (O. 18, r. 19)
Seksyen 20Close of pleadings (O. 18, r. 20)
Seksyen 21Filing of pleadings (O. 18, r. 21)
Seksyen 22Trial without pleadings (O. 18, r. 22)
Seksyen 23Saving for defence under Merchant Shipping laws (O. 18, r. 23)
Seksyen 1Section 1
Seksyen 2Default of defence: Claim for liquidated demand (O. 19, r. 2)
Seksyen 3Default of defence: Claim for unliquidated damages (O. 19, r. 3)
Seksyen 4Default of defence: Claim in detinue (O. 19, r. 4)
Seksyen 5Default of defence: Claim for possession of immovable property (O. 19, r. 5)
Seksyen 6Default of defence: Mixed claim (O. 19, r. 6)
Seksyen 7Default of defence: Other claims (O. 19, r. 7)
Seksyen 8Default of defence to counterclaim (O. 19, r. 8)
Seksyen 9Setting aside judgment (O. 19, r. 9)
Seksyen 1Section 1
Seksyen 2Amendment of appearance (O. 20, r. 2)
Seksyen 3Amendment of pleadings without leave (O. 20, r. 3)
Seksyen 4Application for disallowance of amendment made without leave (O. 20, r. 4)
Seksyen 5Amendment of writ or pleading with leave (O. 20, r. 5)
Seksyen 7Section 7
Seksyen 8Amendment of certain other documents (O. 20, r. 8)
Seksyen 9Failure to amend after order (O. 20, r. 9)
Seksyen 10Mode of amendment of writ (O. 20, r. 10)
Seksyen 11Amendment of judgment and orders (O. 20, r. 11)
Seksyen 12Amendment of pleadings by agreement (O. 20, r. 12)
Seksyen 1Section 1
Seksyen 2Discontinuance of action without leave (O. 21, r. 2)
Seksyen 3Discontinuance of action with leave (O. 21, r. 3)
Seksyen 4Effect of discontinuance (O. 21, r. 4)
Seksyen 5Stay of subsequent action until costs paid (O. 21, r. 5)
Seksyen 6Withdrawal of notice of application (O. 21, r. 6)
Seksyen 1In this Order—
Seksyen 2Application for interim payment (O. 22A, r. 2)
Seksyen 3Order for interim payment in respect of damages (O. 22A, r. 3)
Seksyen 4Section 4
Seksyen 5Manner of payment (O. 22A, r. 5)
Seksyen 6Directions on application under rule 2 (O. 22A, r. 6)
Seksyen 7Non-disclosure of interim payment (O. 22A, r. 7)
Seksyen 9Section 9
Seksyen 10Counterclaims and other proceedings (O. 22A, r. 10)
Seksyen 11No order against the Government (O. 22 A, r. 11)
Seksyen 1Section 1
Seksyen 2Timing (O. 22B, r. 2)
Seksyen 3Time for acceptance and withdrawal (O. 22B, r. 3)
Seksyen 4Without prejudice rule (O. 22B, r. 4)
Seksyen 5Non-disclosure (O. 22B, r. 5)
Seksyen 6Manner of acceptance (O. 22B, r. 6)
Seksyen 7Party under disability (O. 22B, r. 7)
Seksyen 8Compliance with an accepted offer to settle (O. 22B, r. 8)
Seksyen 9Costs (O. 22B, r. 9)
Seksyen 10Joint and several liability (O. 22B, r. 10)
Seksyen 11Offer to contribute (O. 22B, r. 11)
Seksyen 12Counterclaims and third party claims (O. 22B, r. 12)
Seksyen 1Section 1
Seksyen 2Manner of giving security (O. 23, r. 2)
Seksyen 3Saving for written law (O. 23, r. 3)
Seksyen 1(There is no rule 1)
Seksyen 2(There is no rule 2)
Seksyen 3Order for discovery (O. 24, r. 3)
Seksyen 4Order for determination of issues before discovery (O. 24, r. 4)
Seksyen 5Form of list and affidavit (O. 24, r. 5)
Seksyen 6Defendant entitled to copy of co-defendant’s list (O. 24, r. 6)
Seksyen 7Order for discovery of particular documents (O. 24, r. 7)
Seksyen 7ADiscovery against other person (O. 24, r. 7A)
Seksyen 8Discovery to be ordered only if necessary (O. 24, r. 8)
Seksyen 8ADuty to discover continues throughout proceedings (O. 24, r. 8A)
Seksyen 9Inspection of documents referred to in list (O. 24, r. 9)
Seksyen 10Inspection of documents referred to in pleadings and affidavits (O. 24, r. 10)
Seksyen 11Order for production for inspection (O. 24, r. 11)
Seksyen 12Order for production to Court (O. 24, r. 12)
Seksyen 13Production to be ordered only if necessary (O. 24, r. 13)
Seksyen 14Production of business books (O. 24, r. 14)
Seksyen 15Disclosure subject to law (O. 24, r. 15)
Seksyen 16Failure to comply with requirement for discovery (O. 24, r. 16)
Seksyen 17Revocation and variation of orders (O. 24, r. 17)
Seksyen 1Section 1
Seksyen 2Discovery by interrogatories without leave of Court (O. 26, r. 2)
Seksyen 3Interrogatories where party is a body of persons (O. 26, r. 3)
Seksyen 4Statement as to party required to answer (O. 26, r. 4)
Seksyen 5Objection to answer on ground of privilege (O. 26, r. 5)
Seksyen 6Insufficient answer (O. 26, r. 6)
Seksyen 7Failure to comply with order (O. 26, r. 7)
Seksyen 8Use of answer to interrogatories at trial (O. 26, r. 8)
Seksyen 9Revocation and variation of orders (O. 26, r. 9)
Seksyen 1Section 1
Seksyen 2Notice to admit facts (O. 27, r. 2)
Seksyen 3Judgment on admission of facts (O. 27, r. 3)
Seksyen 4Admission and production of documents specified in list of documents (O. 27, r. 4)
Seksyen 5Notices to admit or produce documents (O. 27, r. 5)
Seksyen 1Section 1
Seksyen 2(There is no rule 2)
Seksyen 3(There is no rule 3)
Seksyen 3BDispute as to jurisdiction (O. 28, r. 3B)
Seksyen 3CSupporting affidavits (O. 28, r. 3C)
Seksyen 4Directions by Court (O. 28, r. 4)
Seksyen 5Adjournment of originating summons (O. 28, r. 5)
Seksyen 6(There is no rule 6)
Seksyen 7Counterclaim by defendant (O. 28, r. 7)
Seksyen 8Section 8
Seksyen 9Order for hearing or trial (O. 28, r. 9)
Seksyen 10Failure to prosecute proceedings with despatch (O. 28, r. 10)
Seksyen 11Abatement of action (O. 28, r. 11)
Seksyen 1Section 1
Seksyen 2Detention, preservation of subject matter of cause or matter (O. 29, r. 2)
Seksyen 3Power to order samples to be taken (O. 29, r. 3)
Seksyen 4Sale of perishable property (O. 29, r. 4)
Seksyen 5Order for early trial (O. 29, r. 5)
Seksyen 6Recovery of movable property subject to lien (O. 29, r. 6)
Seksyen 7Directions (O. 29, r. 7)
Seksyen 8Income of property pending trial (O. 29, r. 8)
Seksyen 1Section 1
Seksyen 2Giving of security by receiver (O. 30, r. 2)
Seksyen 3Remuneration of receiver (O. 30, r. 3)
Seksyen 4Receiver’s accounts (O. 30, r. 4)
Seksyen 5Payment of balance by receiver (O. 30, r. 5)
Seksyen 6Default by receiver (O. 30, r. 6)
Seksyen 1Section 1
Seksyen 2Manner of carrying out sale (O. 31, r. 2)
Seksyen 3Certifying result of sale (O. 31, r. 3)
Seksyen 4Charge, exchange or partition under order of the Court (O. 31, r. 4)
Seksyen 5Reference of matters to a solicitor (O. 31, r. 5)
Seksyen 6Objection to opinion of solicitor (O. 31, r. 6)
Seksyen 1Section 1
Seksyen 2Issue of notice of application (O. 32, r. 2)
Seksyen 3Service of notice of application (O. 32, r. 3)
Seksyen 4Adjournment of hearing (O. 32, r. 4)
Seksyen 5Proceeding in absence of party failing to attend (O. 32, r. 5)
Seksyen 6Order made ex parte may be set aside (O. 32, r. 6)
Seksyen 7(There is no rule 7)
Seksyen 8(There is no Rule 8)
Seksyen 9Jurisdiction of Registrar (O. 32, r. 9)
Seksyen 10Reference of matter to Judge (O. 32, r. 10)
Seksyen 11Power to direct hearing in Court (O. 32, r. 11)
Seksyen 12Obtaining assistance of assessors or experts (O. 32, r. 12)
Seksyen 13Service or use of affidavit (O. 32, r. 13)
Seksyen 14Disposal of matters in Chambers (O. 32, r. 14)
Seksyen 15Papers for use of Court (O. 32, r. 15)
Seksyen 16Uncontested chamber applications (O. 32, r. 16)
Seksyen 17Application for sale or lease of settled estates (O. 32, r. 17)
Seksyen 18Consent in writing (O. 32, r. 18)
Seksyen 19Direction for service (O. 32, r. 19)
Seksyen 20Contents of order (O. 32, r. 20)
Seksyen 21Order for lease (O. 32, r. 21)
Seksyen 22Existing practice to be applied (O. 32, r. 22)
Seksyen 1Section 1
Seksyen 2Time of trial of questions or issues (O. 33, r. 2)
Seksyen 3Determining mode of trial (O. 33, r. 3)
Seksyen 4Trial with assistance of assessors (O. 33, r. 4)
Seksyen 5Dismissal of action after decision of preliminary issue (O. 33, r. 5)
Seksyen 1Section 1
Seksyen 2Pre-trial case management when directed by the Court (O. 34, r. 2)
Bahagian CPart C – documents where the authenticity and contents are disputed;
Seksyen 3Section 3
Seksyen 4Attendance at pre-trial case management (O. 34, r. 4)
Seksyen 5Adjourned pre-trial case management (O. 34, r. 5)
Seksyen 6Failure to attend (O. 34, r. 6)
Seksyen 7Admissions and agreements (O. 34, r. 7)
Seksyen 8Duty to give all information at pre-trial case management (O. 34, r. 8)
Seksyen 9Section 9
Seksyen 10Automatic directions in personal injury action (O. 34, r. 10)
Seksyen 11Non-disclosure (O. 34, r. 11)
Seksyen 12Abatement of action (O. 34, r. 12)
Seksyen 1Section 1
Seksyen 2Judgment given in absence of party may be set aside (O. 35, r. 2)
Seksyen 3Adjournment of trial (O. 35, r. 3)
Seksyen 4Order of speeches (O. 35, r. 4)
Seksyen 5Inspection by Judge (O. 35, r. 5)
Seksyen 6Death of party before giving of judgment (O. 35, r. 6)
Seksyen 7Section 7
Seksyen 8List of exhibits (O. 35, r. 8)
Seksyen 9Custody of exhibit after trial (O. 35, r. 9)
Seksyen 10Impounded documents (O. 35, r. 10)
Seksyen 11Continuation of hearing by another Judge (O. 35, r. 11)
Seksyen 1Section 1
Seksyen 2Trial before, and inquiry by, Registrar (O. 36, r. 2)
Seksyen 1Section 1
Seksyen 2Certificate of amount of damages (O. 37, r. 2)
Seksyen 3Default judgment against some but not all defendants (O. 37, r. 3)
Seksyen 4Power to order assessment by Registrar or at trial (O. 37, r. 4)
Seksyen 5Assessment of value (O. 37, r. 5)
Seksyen 6Assessment of damages to time of assessment (O. 37, r. 6)
Seksyen 1Subject to the provisions of these Rules and of the Evidence Act 1950 [Act 56]
Seksyen 2Evidence by witness statement (O. 38, r. 2)
Seksyen 3Evidence of particular facts (O. 38, r. 3)
Seksyen 4(There is no rule 4)
Seksyen 5Limitation of plans in evidence (O. 38, r. 5)
Seksyen 6(There is no rule 6)
Seksyen 7Revocation or variation of orders under rules 2 to 6 (O. 38, r. 7)
Seksyen 8Application to trials of issues, references (O. 38, r. 8)
Seksyen 9Depositions: When receivable in evidence at trial (O. 38, r. 9)
Seksyen 10Court documents admissible or receivable in evidence (O. 38, r. 10)
Seksyen 11Evidence of consent of new trustee to act (O. 38, r. 11)
Seksyen 12Evidence at trial may be used in subsequent proceedings (O. 38, r. 12)
Seksyen 13Order to produce document at proceedings other than trial (O. 38, r. 13)
Seksyen 14Form and issue of subpoena (O. 38, r. 14)
Seksyen 15More than one name may be included in one subpoena (O. 38, r. 15)
Seksyen 16Subpoena to produce documents (O. 38, r. 16)
Seksyen 17Amendment to subpoena (O. 38, r. 17)
Seksyen 18Service of subpoena (O. 38, r. 18)
Seksyen 19Duration of writ of subpoena (O. 38, r. 19)
Seksyen 20Court records (O. 38, r. 20)
Seksyen 21Attendance of prisoner as witness or party (O. 38, r. 21)
Seksyen 22Tender of expenses (O. 38, r. 22)
Seksyen 23Affidavit of service of subpoena (O. 38, r. 23)
Seksyen 1Section 1
Seksyen 2Section 2
Seksyen 3Order for issue of letter of request (O. 39, r. 3)
Seksyen 4Where an order has been made under rule 1—
Seksyen 5Refusal of witness to attend, be sworn (O. 39, r. 5)
Seksyen 6Appointment of time and place for examination (O. 39, r. 6)
Seksyen 7Examiner to have certain documents (O. 39, r. 7)
Seksyen 8Conduct of examination (O. 39, r. 8)
Seksyen 9Examination of additional witnesses (O. 39, r. 9)
Seksyen 10Objections to questions (O. 39, r. 10)
Seksyen 11Taking of depositions (O. 39, r. 11)
Seksyen 12Time taken by examination to be endorsed on depositions (O. 39, r. 12)
Seksyen 13Special report by examiner (O. 39, r. 13)
Seksyen 14Order for payment of examiner’s fees (O. 39, r. 14)
Seksyen 15Perpetuation of testimony (O. 39, r. 15)
Seksyen 1Section 1
Seksyen 2Report of Court expert (O. 40, r. 2)
Seksyen 3Experiments and tests (O. 40, r. 3)
Seksyen 4Cross-examination of Court expert (O. 40, r. 4)
Seksyen 5Remuneration of Court expert (O. 40, r. 5)
Seksyen 6Calling of expert witnesses (O. 40, r. 6)
Seksyen 1Section 1
Seksyen 2Expert’s duty to the Court (O. 40A, r. 2)
Seksyen 3Requirements of expert’s evidence (O. 40A, r. 3)
Seksyen 4Written questions to expert (O. 40A, r. 4)
Seksyen 5Discussions between experts (O. 40A, r. 5)
Seksyen 1Section 1
Seksyen 2Affidavit by two or more deponents (O. 41, r. 2)
Seksyen 3Affidavit by illiterate or blind person (O. 41, r. 3)
Seksyen 4Use of defective affidavit (O. 41, r. 4)
Seksyen 5Contents of affidavit (O. 41, r. 5)
Seksyen 6Scandalous matter in affidavits (O. 41, r. 6)
Seksyen 7Alterations in affidavits (O. 41, r. 7)
Seksyen 8Affidavit not to be sworn before solicitor of party (O. 41, r. 8)
Seksyen 9Filing of affidavits (O. 41, r. 9)
Seksyen 10Use of original affidavit or office copy (O. 41, r. 10)
Seksyen 11Document annexed to affidavit (O. 41, r. 11)
Seksyen 12Affidavit taken outside Malaysia admissible without proof of seal (O. 41, r. 12)
Seksyen 13Language of affidavit (O. 41, r. 13)
Seksyen 1Section 1
Seksyen 2(There is no rule 2)
Seksyen 3(There is no rule 3)
Seksyen 4Entry of judgment in Cause Book (O. 42, r. 4)
Seksyen 5Form of judgment (O. 42, r. 5)
Seksyen 6Judgment requiring act to be done: Time for doing it (O. 42, r. 6)
Seksyen 7Date from which judgment or order takes effect (O. 42, r. 7)
Seksyen 8Preparation of judgment or order (O. 42, r. 8)
Seksyen 9Orders required to be drawn up (O. 42, r. 9)
Seksyen 10Drawing up and entry of judgment and order (O. 42, r. 10)
Seksyen 11Duplicates of judgment and order (O. 42, r. 11)
Seksyen 12Interest on judgment debts (O. 42, r. 12)
Seksyen 12ASection 12A
Seksyen 13Save as otherwise provided in these Rules, where provisions are made in these
Seksyen 1Section 1
Seksyen 2Court may direct taking of account (O. 43, r. 2)
Seksyen 3Directions as to manner of taking account (O. 43, r. 3)
Seksyen 4Account to be made and verified (O. 43, r. 4)
Seksyen 5Notice to be given of alleged omissions in account (O. 43, r. 5)
Seksyen 5ASection 5A
Seksyen 6Allowances (O. 43, r. 6)
Seksyen 7Delay in prosecution of accounts (O. 43, r. 7)
Seksyen 8Distribution of fund before all persons entitled are ascertained (O. 43, r. 8)
Seksyen 1Section 1
Seksyen 2Documents to be filed at registry: Application to proceed (O. 44, r. 2)
Seksyen 3Service of notice of judgment on person not a party (O. 44, r. 3)
Seksyen 4Directions by Court (O. 44, r. 4)
Seksyen 5Court may require parties to be represented by same solicitor (O. 44, r. 5)
Seksyen 6Court may require parties to be represented by different solicitors (O. 44, r. 6)
Seksyen 7Leave to attend proceedings (O. 44, r. 7)
Seksyen 8Where the judgment directs any deed or other instrument to be settled by the
Seksyen 9Rules 10 to 17 apply—
Seksyen 10Advertisements for creditors and other claimants (O. 44 r. 10)
Seksyen 11Failure to claim within specified time (O. 44, r. 11)
Seksyen 12Examination of claims (O. 44, r. 12)
Seksyen 13Adjudication on claims (O. 44, r. 13)
Seksyen 14Adjournment of adjudication (O. 44, r. 14)
Seksyen 15Service of notice of judgment on certain claimants (O. 44, r. 15)
Seksyen 16Notice of claims allowed (O. 44, r. 16)
Seksyen 17Service of notices (O. 44, r. 17)
Seksyen 18Interest on debts (O. 44, r. 18)
Seksyen 19Interest on legacies (O. 44, r. 19)
Seksyen 20Determination by Judge of question arising before Registrar (O. 44, r. 20)
Seksyen 21Registrar’s certificate (O. 44, r. 21)
Seksyen 22Settling and filing of Registrar’s certificate (O. 44, r. 22)
Seksyen 23Discharge or variation of Registrar’s certificate (O. 44, r. 23)
Seksyen 24Further consideration of cause or matter in Chambers (O. 44, r. 24)
Seksyen 25Further consideration of cause or matter in Court (O. 44, r. 25)
Seksyen 1Section 1
Seksyen 2Section 2
Seksyen 3Enforcement of judgment for possession of immovable property (O. 45, r. 3)
Seksyen 4Enforcement of judgment for delivery of movable property (O. 45, r. 4)
Seksyen 5Section 5
Seksyen 6Section 6
Seksyen 7Section 7
Seksyen 8Section 8
Seksyen 9Execution by or against person not being a party (O. 45, r. 9)
Seksyen 10Conditional judgment: Waiver (O. 45, r. 10)
Seksyen 11Matters occurring after judgment: Stay of execution (O. 45, r. 11)
Seksyen 11AMatters occurring after judgment: Enforcement Conference (O. 45, r. 11A)
Seksyen 12Forms of writs (O. 45, r. 12)
Seksyen 13Enforcement of judgments and orders for recovery of money (O. 45, r. 13)
Seksyen 1Section 1
Seksyen 2When leave to issue any writ of execution is necessary (O. 46, r. 2)
Seksyen 3Application for leave to issue writ (O. 46, r. 3)
Seksyen 4Issue of writ of execution (O. 46, r. 4)
Seksyen 5Writ and request where Exchange Control Act 1953 applies (O. 46, r. 5)
Seksyen 6Duration and renewal of writ of execution (O. 46, r. 6)
Seksyen 7Fees, expenses, commission to be levied (O. 46, r. 7)
Seksyen 8Costs of writ (O. 46, r. 8)
Seksyen 9Satisfaction by consent (O. 46, r. 9)
Seksyen 10Where consent refused (O. 46 r. 10)
Seksyen 11Deposit for costs of execution and date for execution (O. 46, r. 11)
Seksyen 12Where Sheriff or bailiff in possession more than fourteen days (O. 46, r. 12)
Seksyen 13Proper officer to give receipt (O. 46, r. 13)
Seksyen 14Time of filing to be forthwith endorsed on the writ (O. 46, r. 14)
Seksyen 15Time of execution (O. 46, r. 15)
Seksyen 16Notice of seizure and inventory (O. 46, r. 16)
Seksyen 17Section 17
Seksyen 18Sheriff or bailiff to give information if required (O. 46, r. 18)
Seksyen 19Section 19
Seksyen 20Section 20
Seksyen 21Payment out (O. 46, r. 21)
Seksyen 22Sheriff or bailiff to sell (O. 46, r. 22)
Seksyen 23Sale by public auction (O. 46, r. 23)
Seksyen 24Section 24
Seksyen 25Negotiable instruments (O. 46, r. 25)
Seksyen 26Sheriff or bailiff may execute or endorse documents (O. 46, r. 26)
Seksyen 26AWhen order made suspending execution (O. 46, r. 26A)
Seksyen 27Interpretation (O. 46, r. 27)
Seksyen 1Section 1
Seksyen 2Separate writs to enforce payment of costs (O. 47, r. 2)
Seksyen 3Section 3
Seksyen 4After seizure, dealings with property void (O. 47, r. 4)
Seksyen 5Withdrawal and suspension of writ (O. 47, r. 5)
Seksyen 6Immovable property (O. 47, r. 6)
Seksyen 7Sale of immovable property (O. 47, r. 7)
Seksyen 8Securities (O. 47, r. 8)
Seksyen 9Sale of securities (O. 47, r. 9)
Seksyen 1Section 1
Seksyen 2Examination of party liable to satisfy the judgment (O. 48, r. 2)
Seksyen 3Registrar to make record of debtor’s statement (O. 48, r. 3)
Seksyen 1Section 1
Seksyen 2Application for order (O. 49, r. 2)
Seksyen 3Service and effect of order to show cause (O. 49, r. 3)
Seksyen 4No appearance or dispute of liability by garnishee (O. 49, r. 4)
Seksyen 5Dispute of liability by garnishee (O. 49, r. 5)
Seksyen 6Claims of third persons (O. 49, r. 6)
Seksyen 7Judgment creditor resident outside scheduled territories (O. 49, r. 7)
Seksyen 8Discharge of garnishee (O. 49, r. 8)
Seksyen 9Money in Court (O. 49, r. 9)
Seksyen 10Costs (O. 49, r. 10)
Seksyen 1(There is no rule 1)
Seksyen 2Order imposing charge on securities (O. 50, r. 2)
Seksyen 3Application for order under rule 2 (O. 50, r. 3)
Seksyen 4Service of notice of order to show cause (O. 50, r. 4)
Seksyen 5Effect of order to show cause (O. 50, r. 5)
Seksyen 6Making and effect of charging order absolute (O. 50, r. 6)
Seksyen 7Discharge of charging order (O. 50, r. 7)
Seksyen 8Money in Court: Charging order (O. 50, r. 8)
Seksyen 9Registrar may grant injunction ancillary to charging order (O. 50, r. 9)
Seksyen 10Securities not in Court: Stop notice (O. 50, r. 10)
Seksyen 11Effect of stop notice (O. 50, r. 11)
Seksyen 12Amendment of stop notice (O. 50, r. 12)
Seksyen 13Withdrawal of stop notice (O. 50, r. 13)
Seksyen 14Order prohibiting transfer of securities (O. 50, r. 14)
Seksyen 1Section 1
Seksyen 2Registrar may appoint receiver (O. 51, r. 2)
Seksyen 3Application of rules as to appointment of receiver (O. 51, r. 3)
Seksyen 1Section 1
Seksyen 2Method of subsequent attachment (O. 51A, r. 2)
Seksyen 3Section 3
Seksyen 4Immovable property (O. 51A, r. 4)
Seksyen 1In this Order
Seksyen 2Committal for contempt of Court (O. 52, r. 2)
Seksyen 2BOther cases of contempt (O. 52, r. 2B)
Seksyen 3Application to Court (O. 52, r. 3)
Seksyen 4Application for order after leave to apply granted (O. 52, r. 4)
Seksyen 5Saving for power to commit without application for purpose (O. 52, r. 5)
Seksyen 6Provisions as to hearing (O. 52, r. 6)
Seksyen 6AContempt committed by corporation (O. 52, r. 6A)
Seksyen 7Power to suspend execution of committal order (O. 52, r. 7)
Seksyen 8Discharge of person committed (O. 52, r. 8)
Seksyen 9Saving for other powers (O. 52, r. 9)
Seksyen 10Form of warrant of committal (O. 52, r. 10)
Seksyen 1Section 1
Seksyen 2Applications (O. 53, r. 2)
Seksyen 3Leave (O. 53, r. 3)
Seksyen 4Notice (O. 53, r. 4)
Seksyen 5Damages (O. 53, r. 5)
Seksyen 6Discovery, etc. (O. 53, r. 6)
Seksyen 7Amendment (O. 53, r. 7)
Seksyen 8Other persons who may be heard (O. 53, r. 8)
Seksyen 9No setting aside of order (O. 53, r. 9)
Seksyen 1Section 1
Seksyen 2Appeal to be by re-hearing on notice (O. 55, r. 2)
Seksyen 3Notice of appeal against a decision made after trial (O. 55, r. 3)
Seksyen 4Record of appeal (O. 55, r. 4)
Seksyen 5Section 5
Seksyen 6List of appeals (O. 55, r. 6)
Seksyen 7At the hearing of any appeal, fresh evidence shall not be admitted unless the
Seksyen 8Notice of cross appeal (O. 55, r. 8)
Seksyen 9Amendments (O. 55, r. 9)
Seksyen 10Parties not appearing (O. 55, r. 10)
Seksyen 11Withdrawal of appeal (O. 55, r. 11)
Seksyen 12Section 12
Seksyen 13High Court may direct service on person not served (O. 55, r. 13)
Seksyen 14Interest (O. 55, r. 14)
Seksyen 15Decision on appeal to be sent to the Court below (O. 55, r. 15)
Seksyen 16Stay of execution (O. 55, r. 16)
Seksyen 1Section 1
Seksyen 1Section 1
Seksyen 2Appeal from Judge (O. 56, r. 2)
Seksyen 1Section 1
Seksyen 2Procedure on transfer (O. 57, r. 2)
Seksyen 3Costs on transfer (O. 57, r. 3)
Seksyen 4Section 4
Seksyen 1Section 1
Seksyen 2Application (O. 59, r. 2)
Seksyen 3When costs to follow the event (O. 59, r. 3)
Seksyen 4Offer of contribution and offer of settlement (O. 59, r. 4)
Seksyen 1Costs arising from misconduct or neglect (O. 59, r. 5)
Seksyen 5Section 5
Seksyen 6Personal liability of solicitor for costs (O. 59, r. 6)
Seksyen 8Section 8
Seksyen 9Restriction of discretion to order costs (O. 59, r. 9)
Seksyen 10Costs due to unnecessary claims or issues (O. 59, r. 10)
Seksyen 11Section 11
Seksyen 12Powers of Registrar to determine costs (O. 59, r. 12)
Seksyen 13Section 13
Seksyen 14Fees for more than one counsel (O. 59, r. 14)
Seksyen 15Section 15
Seksyen 16Basis of assessment (O. 59, r. 16)
Seksyen 17Costs payable to a solicitor by his own client (O. 59, r. 17)
Seksyen 18Costs payable to a trustee out of trust fund (O. 59, r. 18)
Seksyen 19Costs payable for trial in the High Court (O. 59, r. 19)
Seksyen 20Costs for interlocutory applications that may be allowed in the Subordinate
Seksyen 21Costs for interlocutory applications (High Court) (O. 59, r. 21)
Seksyen 22Costs on judgment without trial (Subordinate Courts and High Court) (O. 59, r. 22)
(f)the documents contained in bundles shall be arranged chronologically or in some logical order and shall be paginated;
(g)care shall be taken to avoid duplication within the same bundle;
(h)the contents and format of every bundle of documents filed in pursuance of this rule shall comply with the requirements laid down in any pr...
(i)any party may apply at any time to the Court for directions as to the filing, bundling and organization of documents intended to be used at...
(j)the filing of a statement of agreed facts; P.U. (A) 205 150
(k)the filing of a statement of issues to be tried;
(l)the period within which the parties have to exchange and file their list of witnesses;
(m)the period within which the parties have to exchange and file witness statements of all witnesses who may give evidence at the trial;
(n)whether the number of witnesses shall be limited and whether the evidence-in-chief of the witnesses specified be each limited to a single w...
(o)the mode in which the evidence-in-chief shall be given by any witness from whom a party is unable on sufficient cause being shown to obtain...
(p)whether an order should be made limiting the number of expert witnesses;
(q)whether the evidence-in-chief of each expert witness should be set out in a single witness statement;
(r)whether any direction should be given for a discussion between the experts prior to the exchange of their affidavits exhibiting their repor...
(i)to specify the issues which the experts are to discuss; and P.U. (A) 205 151
(s)the period within which objections to the contents of the witness statement or other evidence of a witness shall be taken; and
(t)an estimate of the length of the trial and the date for trial.
(3)The Court, having given directions under rule 2(2) or rule 3 may either on its own motion or upon the application of any party, if any part...
(4)Any judgment or order made under rule 2(3) may be set aside by the Court, on the application of the party, on such terms, if any, as it thi...
(5)At any time during the pre-trial case management where the parties are agreeable to a settlement of some or all of the matters in dispute i...
Bahagian IPart I: Basic Costs
TextThe maximum costs that may be allowed (excluding disbursements) in cases under the following rule 22(1) are as follows:
Bahagian IIPart II: Costs for additional items
TextCosts to be allowed
(3)shall be limited to disbursements reasonably incurred in connection with the substituted service and service out of the jurisdiction as fol...
Bahagian IIIPart III: Additional items where costs are on indemnity basis
TextDisbursement to be allowed in addition to the items claimed under Part I in cases under rule 22(3):
Bahagian IVPart IV: Miscellaneous 1.
TextWhere a plaintiff or defendant signs judgment for costs under rule 12, there shall be allowed the following costs, in addition to the disbursements:
Seksyen 2Section 2
(a)to the garnishee, to be deducted by him from any debt owing by him as aforesaid before payments to the applicant— If no affidavit used If a...
(b)to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the garnishee order and in pri...
(c)where the garnishee fails to attend the hearing of the application and an affidavit of service is required— Costs to be allowed High Court...
Seksyen 3Section 3
Seksyen 4P.U. (A) 205 302
Seksyen 5Section 5
Seksyen 23Section 23
(1)Subject to the provisions hereunder, upon the conclusion and determination of any trial in the Subordinate Courts, the party entitled to co...
(2)The costs for suing or defending, as the case may be, include any authority to act, instructions, issue of process and, save as otherwise p...
(3)The costs for suing and defending may be allowed at whatever stage the solicitor is retained. P.U. (A) 205 307
(4)Where a solicitor attends in open Court for mention of any cause or matter, including the hearing of a judgment debtor summons or a judgmen...
(5)Without prejudice to the express provisions for advocacy costs, the following provisions shall apply:
(a)where proceedings are taken out to enter judgment by admission only, then advocacy costs shall not be allowed;
(b)where after the action has been fixed for trial, the plaintiff discontinues the action or the defendant, the counterclaim, or a party accep...
(c)where on the day of the trial, the plaintiff discontinues the action or the defendant, the counterclaim, or judgment is given or the claim...
(d)where after the trial has begun, the plaintiff discontinues the action or the defendant, the counterclaim, or judgment is given or the clai...
(6)Costs may be allowed to a solicitor who appears in person as a plaintiff or defendant or to a firm of solicitors who appear as plaintiffs o...
(7)Wherever on the day fixed for the trial of any proceedings the same is adjourned on the application of any party, the Court may order the p...
(8)Where a person attends Court as a witness, he may be allowed a reasonable fee and travelling allowance. Interest on cost (O. 59, r. 24)
Seksyen 24Section 24
Seksyen 1Section 1
Seksyen 2Records or books to be kept (O. 60, r. 2)
(a)a Cause Book;
(b)an Originating Applications Book;
(c)an Interpleader Summons Book;
(d)an Interlocutory Application Book ;
(e)a Judgment Book; P.U. (A) 205 309
(f)a Writs of Execution Book;
(g)a Distress Book;
(h)a Probate Book;
(i)a Caveat Book;
(j)a Service Book;
(k)an Adoption Book;
(l)an Accountant General’s Direction Book;
(m)an Index of Wills;
(n)a Register of Appeals to the Court of Appeal; and
(o)a Register of Appeals from the Subordinate Courts and statutory bodies, and such account books and other books as are prescribed or require...
(1)The Registrar shall cause to be maintained such information as is prescribed or required to be kept by these Rules and by practice directio...
(2)The Registrar may maintain at his discretion all the information referred to in paragraph (1) in such medium or mode as he may determine. D...
Seksyen 3Section 3
(1)Any document filed in the Registry in any proceedings shall be sealed with a seal showing the date on which the document was filed and any...
(2)The particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the cause or...
Seksyen 4Section 4
(1)Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the fo...
(a)the copy of any originating process;
(b)any judgment or order given or made in Court or the copy of any such judgment or order; and
(c)with the leave of the Registrar, any other document.
(2)Nothing in the foregoing provision shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or besp...
Seksyen 5Section 5
Seksyen 6Depositing instrument creating power of attorney (O. 60, r. 6)
(1)An instrument creating a power of attorney which is presented for deposit in the High Court Registry under—
(a)section 30 of the Trustee Act 1949 [Act 208]; or
(b)section 4 of the Powers of Attorney Act 1949 [Act 424], shall not be deposited therein unless the execution of the instrument has been veri...
(2)Without prejudice to section 4 of the Trustee Act 1949, a certified copy of an instrument creating a power of attorney which is presented f...
(a)the execution of the instrument has been verified in accordance with rule 7;
(b)the signature of the person who certified the copy is sufficiently verified; and P.U. (A) 205 312
(c)except where rule 7(b) applies and subject to paragraph (3), the copy is accompanied by the affidavit, declaration, certificate or other ev...
(3)If the affidavit, declaration, certificate or other evidence verifying the execution of the instrument is so bound up with or attached to t...
Seksyen 7Section 7
(a)by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the instrument was e...
(b)if the instrument was attested by a Commissioner for Oaths, by the signature of the Commissioner as attesting witness; or
(c)by such other evidence as, in the opinion of the Registrar is sufficient. Index of instruments to be kept for inspection (O. 60, r. 8)
Seksyen 8Section 8
(1)An index shall be kept in the High Court Registry of all instruments and certified copies to which rule 6 relates deposited in the High Cou...
(2)Any person shall, on payment of a prescribed fee, be entitled—
(a)to search the index;
(b)to inspect any document filed or deposited in the High Court Registry in accordance with rule 6; and
(c)to be supplied with an office copy of any such document and a copy of any such document may be presented at the Registry to be marked as an...
Seksyen 9Section 9
Seksyen 1Section 1
Seksyen 2Hearing of applications in vacation (O. 61, r. 2)
Seksyen 3Registry of the High Court: Days and hours open (O. 61, r. 3)
(1)The Registry of the High Court shall be open on every day of the year except on a weekly holiday or a public holiday.
(2)The hours during which the Registry of the High Court shall be open to the public shall be such as the Chief Judge may from time to time di...
Seksyen 1Section 1
(1)Any document which by virtue of these Rules is required to be served on any person need not be served personally unless the document is one...
(2)Paragraph (1) shall not affect the power of the Court under any provision of these Rules to dispense with the requirement for personal serv...
(3)The service of a writ is not required where the defendant or his solicitor undertakes in writing to accept service and enter an appearance....
Seksyen 2(There is no rule 2)
Seksyen 3Personal service: How effected (O. 62, r. 3)
(a)in the case where the document is a writ or other originating process, the sealed copy; and
(b)in any other case, an office copy. Service on corporation (O. 62, r. 4)
Seksyen 4Section 4
(1)Where an action is against a corporation, the writ may be served—
(a)by leaving a copy of it at the registered office (if any) of the corporation; P.U. (A) 205 315
(b)by sending a copy of it by registered post addressed to the corporation at the office, or, if there are more offices than one at the princi...
(c)by handing a copy of it to the secretary or to any director or other officer of the corporation; or
(d)in the case of a foreign company registered under Part XI of the Companies Act 1965 [Act 125] by handing a copy of it to, or sending the sa...
(2)The rule does not restrict the operation of the provisions of any written law as to service on any particular person or authority.
(3)Where service is effected under this rule, the person served shall be entitled on demand to inspect the original writ. (O. 62, r. 4A)
Seksyen 4A(There is no rule 4A)
Seksyen 5Substituted service (O. 62, r. 5)
(1)If, in the case of any document which in accordance with these Rules is required to be served personally on any person, it appears to the C...
(2)An application for an order for substituted service shall be made by notice of application supported by an affidavit in Form 134 stating th...
(3)A substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court m...
Seksyen 6Section 6
(1)The service of any document, not being a document which in accordance with these Rules is required to be served personally, may be effected—
(a)by leaving the document at the proper address of the person to be served;
(b)by prepaid registered post;
(c)by facsimile in accordance with paragraph (3);
(d)in such other manner as may be agreed between the party serving and the party to be served; or
(e)in such other manner as the Court may direct.
(2)For the purpose of this rule, and of section 2 of the Interpretation Acts 1948 and 1967, in its application to this rule, the proper addres...
(a)in any case, the business address of the solicitor, if any, who is acting for him in the proceedings in connection with which service of th...
(b)in the case of an individual, his usual or last known address; P.U. (A) 205 317
(c)in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm wit...
(d)in the case of a body corporate, the registered or principal office of the body.
(3)A service by facsimile may be effected where—
(a)the party serving the document acts by a solicitor;
(b)the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a soli...
(c)the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is...
(d)within three days after the day of service by facsimile the solicitor acting for the party serving the document serves a copy of it on the...
(4)Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any written law which provides for...
Seksyen 7Where for the purpose of or in connection with any proceedings in the High
Seksyen 8Any document (other than a writ of summons or other originating process)
Seksyen 9Affidavit of service (O. 62, r. 9)
Seksyen 10No service required in certain cases (O. 62, r. 10)
Seksyen 11Service of notices from Court (O. 62, r. 11)
Seksyen 12Service where no appearance entered (O. 62, r. 12)
Seksyen 13Service upon solicitor or party formerly appearing in person (O. 62, r. 13)
Seksyen 14Dispensation of service (O. 62, r. 14)
Seksyen 1Section 1
Seksyen 2Method of printing or duplicating document (O. 63, r. 2)
(1)Except where these Rules otherwise provide, every document prepared by a party for use in the Court shall be produced by one of the followi...
(2)For the purpose of these Rules, a document is deemed to be printed if it is produced by type lithography or stencil duplicating.
(3)Any type used in producing a document for use as aforesaid shall be such as to give a clear and legible impression and shall not be smaller...
(4)Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes shall, to the...
Seksyen 3Section 3
(1)Where a document prepared by a party for use in Court is printed the party by whom it was prepared shall, on receiving a written request fr...
(2)Where a document prepared by a party for use in Court is written or typewritten, the party by whom it was prepared shall supply any other p...
(3)The copy shall be ready for delivery within forty-eight hours after a written request for it, together with an undertaking to pay the prope...
Seksyen 4Section 4
(1)(There is no paragraph (1))
(2)Before a copy of a document is supplied to a party under these Rules, it shall be endorsed with the name and address of the party or solici...
(3)The party by whom a copy is supplied under rule 3, or, if he sues or appears by a solicitor, his solicitor shall be answerable for the copy...
Seksyen 5Section 5
Seksyen 1In this Order—
Seksyen 2Establishment of electronic filing service (O. 63A, r. 2)
Seksyen 3Service bureau (O. 63A, r. 3)
(1)The Registrar may establish or appoint agents to establish a service bureau to assist in the filing of documents using the electronic filin...
(2)Any agent appointed by the Registrar in pursuance of paragraph (1) shall not be treated as such for the purposes of the acceptance of the p...
Seksyen 4Section 4
(1)Any person or entity may apply to the Registrar to be a registered user in accordance with any procedures and on payment of such fees as ma...
(2)The Registrar may allow a person or entity to become a registered user on such terms and with such restrictions pertaining to the electroni...
Seksyen 5Section 5
(1)Before using the electronic filing service, the registered user shall apply to the Registrar for one or more identification names and authe...
(2)The registered user or his authorized agent shall register his particulars with the Registrar and acknowledge in writing safe receipt of th...
(3)The registered user or his authorized agent shall inform the Registrar in writing of any change in particulars. P.U. (A) 205 324
(4)When the authority of an authorized agent is revoked or terminated, the registered user shall immediately request the Registrar in writing...
Seksyen 6Section 6
(a)divulge his authentication code to any other person; or
(b)permit any other person to use his authentication code. Electronic filing (O. 63A, r. 7)
Seksyen 7Section 7
(1)Where a specified document is required to be filed with the Registrar under any other provision of these Rules, it shall be so filed using...
(2)For the purpose of paragraph (1), any requirement for the filing of a specified document is satisfied by the filing of a single copy using...
(3)The filing of a specified document using the electronic filing service in pursuance of paragraph (1) may be done—
(a)by electronic transmission; or
(b)via a service bureau.
(4)Notwithstanding anything in paragraph (1), the Registrar may allow a document, part of a document or any class of documents to be filed oth...
(5)The form of any specified document shall be as prescribed in any practice directions for the time being issued by the Registrar, and shall,...
Seksyen 8Section 8
(a)the registered user, shall be deemed to be complied with if the identification name of, authentication code of and endorsement by the regis...
(b)the Registrar, shall be deemed to be complied with if the identification name, authentication code and signature of the Registrar has been...
Seksyen 9Section 9
(1)Where a document is filed with the Registrar using the electronic filing service or service bureau and is subsequently accepted by the Regi...
(2)Where an originating process or document requiring a seal of the Court is filed using the electronic filing service or service bureau and i...
(3)If upon application the Registrar is satisfied for any reason that a specified document should be treated as having been filed with the Reg...
Seksyen 10Section 10
(1)Where a document not requiring a seal of the Court is filed with the Registrar by electronic transmission, the time for service of that doc...
(2)Where a document not requiring a seal of the Court is filed with the Registrar via a service bureau, the time for service of that document...
(3)Where an originating process or document requiring a seal of the Court is filed with the Registrar by electronic transmission or via a serv...
(4)If a document is received in the computer system of the registered user on a day other than a working day, it shall be deemed for the purpo...
Seksyen 11Section 11
Seksyen 12Mode of amendment of electronic documents (O. 63A, r. 12)
Seksyen 13Affidavits in electronic form (O. 63A, r. 13)
(1)An affidavit which is filed in Court using the electronic filing service may be used in all proceedings to the same extent and for the same...
(2)An affidavit to be filed in Court using the electronic filing service may be sworn—
(a)electronically; or
(b)in the usual way in which the deponent signs the original paper affidavit.
(3)An affidavit may be sworn electronically if—
(a)the person before whom the affidavit to be sworn is at that time—
(i)a registered user; and
(ii)a person having authority to administer oaths;
(b)the person referred to in subparagraph (a) uses an attestation as prescribed in a practice direction for the time being issued by the Regis...
(c)the affidavit is affixed or encoded with the identification name and authentication code of the person referred to in subparagraph (a);
(d)the swearing of the affidavit by electronic means is recorded in a register kept by the person referred to in subparagraph (a), and the dep...
(e)the affidavit has not been altered in any way since it was sworn.
(4)Where an affidavit, which is not sworn electronically, is to be filed in Court using the electronic filing service, it shall comply with th...
(a)the affidavit shall be sworn in the usual way in which the deponent signs the original paper affidavit;
(b)a true and complete electronic image of the original paper affidavit shall be created; and
(c)the original paper affidavit shall be retained by the party who filed it for a period of seven years after it is filed.
(5)An affidavit in an electronic form which complies with paragraph (3) but which does not comply fully with the provisions of Order 41, may n...
(a)the affidavit is not signed by the deponent thereof;
(b)the alterations and erasures have not been signed or initialled by the person before whom the affidavit was sworn; or
(c)the attestation is not in one of the forms in Form 74.
(6)Notwithstanding subparagraph (4)(c), if the original paper affidavit subsequently becomes unavailable within seven years after it was filed...
(7)If an affidavit which has been sworn electronically in compliance with paragraph (3) subsequently cannot be retrieved from the computer sys...
Seksyen 14Section 14
(1)If a certificate is issued by the Registrar in respect of any registered user or his authorized agent, and was accepted by the registered u...
(2)Where a document is transmitted to the computer system of the Registrar and the authentication code assigned to a registered user or his au...
(a)with or without the authority of the registered user; and
(b)before the notification to the Registrar, in the manner specified in any practice direction for the time being issued by the Registrar, of...
(3)Where a document is filed using the electronic filing service via a service bureau, and it is proved that—
(a)the document so filed was affixed with the authentication code assigned to a member of the personnel of the service bureau, or the transmis...
(b)reasonable steps were taken by the personnel of the service bureau to verify and record the identity of the person tendering the document t...
(c)reasonable steps were taken by the personnel of the service bureau to verify and record that the person tendering the document represented...
(d)the document was filed using the electronic filing service in the name of the person recorded by the personnel of the service bureau and in...
(4)A certificate under the hand of the Registrar giving the authentication code, identification name and other particulars of the registered u...
Seksyen 15Section 15
(1)Where a specified document was filed using the electronic filing service, and there is any inconsistency between—
(a)the information entered into the Court’s computer system; and
(b)the information contained in the document, the information in the Court’s computer system shall prevail.
(a)the information entered into the Court’s computer system; and
(b)the information contained in the document, the information in the document shall prevail.
(3)If the Registrar is satisfied that for any reason whatsoever, that the information entered into the Court’s computer system is erroneous, h...
(2)A registered user or his authorized agent who has been registered by the Registrar of the Subordinate Courts, and for this purpose has been...
(3)A service bureau established or authorized to be established by the Registrar of the High Court under rule 4 may be used to assist in the f...
(4)A service bureau established or authorized to be established by the Registrar of the Subordinate Courts under rule 4 may be used to assist...
Seksyen 1Section 1
(1)A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, unless an...
(2)A notice of a change of solicitor in Form 136 shall be filed in the Registry.
(3)The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance...
(4)The party giving the notice may perform the duties prescribed by this rule in person or by his new solicitor. Appointing a solicitor after...
Seksyen 2Section 2
Seksyen 3Acting in person after appointing solicitor (O. 64, r. 3)
Seksyen 4Section 4
(1)Where—
(a)a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a pract...
(b)the party has not given a notice of change of solicitor or a notice of intention to act in person in accordance with rules 1 to 3, any othe...
(2)An application for an order under this rule shall be made by notice of application in Form 138 or, in the case of an application to the Cou...
(3)Where an order in Form 139 is made under this rule, the party on whose application it was made shall serve on every other party to the caus...
(4)An order made under this rule shall not affect the right of the solicitor and the party for whom he acted as between themselves. P.U. (A) 2...
Seksyen 5Section 5
(1)Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given a notice of change in acc...
(2)An application for an order under this rule shall be made by a notice of application in Form 140 or, in the case of an application to the C...
(3)An order in Form 141 made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselve...
(4)Notwithstanding anything in paragraph (1), where the legal aid certificate of an assisted person within the meaning of the Legal Aid Act 19...
Seksyen 6Where—
(a)an order is made under rule 4;
(b)an order is made under rule 5, and the applicant for that order has complied with rule 5(1); or
(c)the legal aid certificate of an assisted person within the meaning of the Legal Aid Act 1971 is revoked or discharged, then unless and unti...
Seksyen 1Section 1
Seksyen 2Service of foreign legal process (O. 65, r. 2)
(1)This rule applies in relation to the service of any process required in connection with civil proceedings pending before a Court or other t...
(2)In order that service of the process may be effected in accordance with this rule, the letter of request shall be accompanied by a translat...
(3)Subject to paragraph (4) and to any written law, which provides for the manner in which documents may be served on bodies corporate, servic...
(4)Where an application in that behalf is made by the Attorney General, the Court may make an order for substituted service of the process, an...
(5)After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server sh...
(6)The Registrar shall give a certificate in Form 142—
(a)identifying the documents annexed thereto, that is to say, the letter of request for service, a copy of the process received with the lette...
(b)certifying that the method of service of the process and the proof of service are such as are required by the Rules of Court regulating the...
(c)certifying that the cost of effecting or attempting to effect service is the amount so specified.
(7)The certificate given under paragraph (6) shall be sealed with the seal of the High Court for use out of the jurisdiction and shall be sent...
(1)Subject to rule 3, this rule applies in relation to the service of any process required in connection with civil proceedings pending before...
(2)The service of any such process within Malaysia may be effected by a method of service authorized by these Rules for the service of analogo...
(3)This rule shall apply notwithstanding that the foreign process is expressed to be or includes a command of the foreign sovereign. Service o...
Seksyen 3Section 3
(1)This rule applies in relation to the service of any process required in connection with civil proceedings pending before a Court or other t...
(2)In order that service of the process may be effected in accordance with this rule the letter or request shall be accompanied by a copy of a...
(3)Subject to any written law which provides for the manner in which documents may be served on bodies corporate and to any special provisions...
(4)After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server sh...
(5)The Registrar shall give a certificate certifying—
(a)that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certific...
(b)that the cost of effecting, or attempting to effect, service is the amount so specified.
(6)The certificate given under paragraph (5) shall be sealed with the seal of the High Court for use out of the jurisdiction and shall be sent...
Seksyen 4Section 4
Seksyen 1Section 1
(1)Subject to paragraph (2), the power of the High Court or a Judge thereof to make, in relation to a matter pending before a Court or tribuna...
(2)The Registrar may not make such an order if the matter in question is a criminal matter. Application for order (O. 66, r. 2)
Seksyen 2Section 2
(1)Subject to paragraph (3) and rule 3, an application for an order under rule 1 shall be made ex parte by a person duly authorized to make th...
(2)There shall be exhibited to the affidavit in support the letter of request, certificate or other document evidencing the desire of the Cour...
(3)After an application for such an order as is mentioned in paragraph (1) has been made in relation to a matter pending before a Court or tri...
Seksyen 3Section 3
(a)is received by the Minister and sent by him to the Registrar with an intimation that effect should be given to the request without requirin...
(b)is received by the Registrar in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Malaysi...
Seksyen 4Section 4
(1)Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper...
(2)Subject to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examinatio...
Seksyen 5Section 5
(a)give a certificate sealed with the seal of the High Court for use out of the jurisdiction identifying the documents annexed thereto, that i...
(b)send the certificate with the documents annexed thereto to the Minister, or, where the letter of request, certificate or other document was...
Seksyen 1The powers conferred on the High Court by the Reciprocal Enforcement of
Seksyen 2Application for registration (O. 67, r. 2)
Seksyen 3Evidence in support of application (O. 67, r. 3)
(1)An application for registration shall be supported by an affidavit—
(a)exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof, and where the judgment is not in the Engli...
(b)stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor...
(c)stating to the best of the information or belief of the deponent—
(i)that the judgment creditor is entitled to enforce the judgment;
(ii)as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which...
(iii)where the application is made under the Act, that the judgment does not fall within any of the cases in which a judgment may not be ordered...
(iv)where the application is made under the Act, that at the date of the application the judgment can be enforced by execution in the country o...
(d)specifying, where the application is made under the Act, the amount of the interest, if any, which under the law of the country of the orig...
(2)Where the sum payable under a judgment sought to be registered is expressed in a currency other than the currency of Malaysia, the affidavi...
(3)Where a judgment sought to be registered under the Act is in respect of different matters, and some, but not all, of the provisions of the...
(4)In the case of an application under the Act, the affidavit shall be accompanied by such other evidence with respect to the enforceability o...
Seksyen 4Section 4
Seksyen 5Order for registration (O. 67, r. 5)
(1)An order in Form 143 giving leave to register a judgment shall be drawn up by, or on behalf of, the judgment creditor and served on the jud...
(2)Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notificat...
(3)The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, ext...
Seksyen 6Section 6
(1)There shall be kept in the Registry a register of the judgments ordered to be registered under the Act.
(2)There shall be included in such register particulars of any execution issued on a judgment ordered to be so registered. Notice of registrat...
Seksyen 7Section 7
(1)A notice of the registration of a judgment shall be served on the judgment debtor and, subject to paragraph (2), shall be served personally...
(2)The service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation t...
(3)The notice of registration shall state—
(a)full particulars of the judgment registered and the order for registration;
(b)the name and address of the judgment creditor or of his solicitor on whom, and at which, any summons issued by the judgment debtor may be s...
(c)the right of the judgment debtor to apply to have the registration set aside; and
(d)the period within which an application to set aside the registration may be made. P.U. (A) 205 346 Endorsement of service (O. 67, r. 8)
Seksyen 8Section 8
(1)Within three days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allo...
(2)Every affidavit of service of any such notice shall state the date on which the notice was endorsed under this rule. Application to set asi...
Seksyen 9Section 9
(1)An application to set aside the registration of a judgment shall be made by notice of application supported by affidavit and shall be filed...
(2)The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in w...
(3)Where the Court hearing an application to set aside the registration of a judgment registered under the Act is satisfied that the judgment...
Seksyen 10Section 10
(1)Execution shall not be issued on a judgment registered under the Act until after the expiration of the period which, in accordance with rul...
(2)If an application is made to set aside the registration of a judgment, execution on the judgment shall not be issued until after such appli...
(3)Any party wishing to issue execution on a judgment registered under the Act shall produce to the Sheriff an affidavit of service of the not...
Seksyen 11Section 11
Seksyen 12Rules to have effect subject to orders of the Government (O. 67, r. 12)
Seksyen 13Certified copy of High Court judgment (O. 67, r. 13)
(1)An application under section 10 of the Act for a certified copy of a judgment entered in the High Court shall be made ex parte by a notice...
(2)The affidavit in support of the application under section 10 of the Act shall give particulars of the judgment, show that the judgment debt...
(3)The affidavit in support of the application under section 10 of the Act shall—
(a)give particulars of the proceedings in which the judgment was obtained;
(b)have annexed to it a copy of the originating summons by which the proceedings were begun, the evidence of service thereof on, or appearance...
(c)state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d)show that the judgment is not subject to any stay of execution;
(e)state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of...
(f)state the rate at which the judgment carries interest. P.U. (A) 205 349
(4)The certified copy of the judgment shall be an office copy sealed with the seal of the High Court and endorsed with a certificate in Form 1...
(5)Where the application is made under section 10 of the Act, there shall also be issued a certificate in Form 145 (signed by the Registrar an...
(a)the manner in which the originating summons was served on the defendant or that the defendant appeared thereto;
(b)what objections, if any, were made to the jurisdiction;
(c)what pleadings, if any, were served;
(d)the grounds on which the judgment was based;
(e)that the time for appealing has expired or the date on which it will expire, as the case may be;
(f)whether a notice of appeal against the judgment has been entered; and
(g)such other particulars as it may be necessary to give to the Court in the foreign country in which it is sought to obtain execution of the...
Seksyen 1Section 1
(1)In this Order—
(a)“the 1952 Act” means the Arbitration Act 1952 [Act 93]; and
(b)“the 2005 Act” means the Arbitration Act 2005 [Act 646].
(2)This Order applies to proceedings in the High Court. Claims under the 2005 Act (O. 69, r. 2)
Seksyen 2Section 2
(1)In this Order, “arbitration claim” means any application to the Court under the 2005 Act, including a claim to—
(a)appoint an arbitrator under subsection 13(7) of the 2005 Act;
(b)decide on the challenge of an arbitrator under subsection 15(3) of the 2005 Act;
(c)decide on the termination of the mandate of an arbitrator under subsection 16(2) of the 2005 Act;
(d)appeal against the ruling of the arbitral tribunal on jurisdiction under subsection 18(8) of the 2005 Act;
(e)enforce interlocutory orders or directions of an arbitral tribunal made under section 19 of the 2005 Act; P.U. (A) 205 351
(f)seek interlocutory orders or directions under section 11 of the 2005 Act;
(g)determine under section 41 of the 2005 Act, any question of law arising in the course of the arbitration proceedings;
(h)determine under section 42 of the 2005 Act, any question of law arising out of an award;
(i)set aside an award under section 37 of the 2005 Act;
(j)direct any matter in connection with bankruptcy proceedings under section 49 of the 2005 Act;
(k)enforce an award under section 38 of the 2005 Act;
(l)extend time under section 45 or 46 of the 2005 Act; and
(m)seek an order under subsection 44(4) of the 2005 Act where the arbitral tribunal withholds its award for non-payment of fees and expenses.
(2)An application under subparagraph (1)(b) or (d) shall be made within thirty days from the receipt of a notice by the applicant of the decis...
(3)An application under subparagraph (1)(b), (c), (g), (h), (i) or (m) shall be served on each arbitrator. Claims under the 1952 Act (O. 69, r...
Seksyen 3Section 3
(1)In this Order, “arbitration claim” means any application to the Court under the 1952 Act, including a claim to— P.U. (A) 205 352
(a)appoint an arbitrator under section 12 of the 1952 Act;
(b)revoke the authority of an arbitrator, or to order that an arbitration agreement shall cease to have effect, under section 25 of the 1952 A...
(c)remove an arbitrator under subsection 24(1) of the 1952 Act;
(d)remit an award under section 23 of the 1952 Act;
(e)set aside an award under subsection 24(2) of the 1952 Act;
(f)decide any question of law arising in the course of the reference or award in the form of a special case stated, or to direct an arbitrator...
(g)enforce an award under section 27 of the 1952 Act; and
(h)to extend time under section 28 of the 1952 Act.
(2)An application under subparagraph (1)(d) or (e) shall be made within forty-two days after the award is made and published.
(3)An application under subparagraph (1)(b), (c), (d), (e) or (f) shall be served on each arbitrator. Starting the claim (O. 69, r. 4)
Seksyen 4Section 4
(1)An arbitration claim under rule 2 or rule 3 may be made using the originating summons procedure, and Form 5 shall be filed in the High Cour...
(a)include a concise statement of— P.U. (A) 205 353
(i)the remedy claimed; and
(ii)any question on which the applicant seeks the decision of the Court;
(b)state the grounds in support of the originating summons;
(c)show that any statutory requirements have been met;
(d)specify the section of the 1952 Act or the 2005 Act under which the claim is made;
(e)specify the respondents on whom the arbitration claim originating summons is to be served, stating their role in the arbitration; and
(f)identify against which, if any, respondents an order of costs is sought.
(2)The applicant shall file by affidavit, written evidence on which he intends to rely when he files his originating summons, including a copy...
(3)Unless the Court orders otherwise, an arbitration claim originating summons and the affidavit shall be served on the respondents specified...
(4)Where relevant, rules 5 to 8 shall additionally apply. Application to set aside an award (O. 69, r. 5)
Seksyen 5Section 5
(1)Subject to subparagraph (2), an application to the Court to set aside an award under section 37 of the 2005 Act may be made— P.U. (A) 205 3...
(a)at any time within ninety days from the date on which the applicant received the award; or
(b)if a request has been made to the arbitral tribunal for a correction or interpretation of the award or for an additional award under sectio...
(2)An application to the Court to set aside an award on the ground that the award was induced or affected by fraud or corruption may be made w...
(3)In every application to set aside an award, the originating summons shall, in addition to matters stated in rule 4(1)—
(a)give details of the award challenged;
(b)identify which part or parts of the award are challenged; and
(c)specify the grounds for the challenge.
(4)The applicant shall file by affidavit, written evidence on which he intends to rely when he files his writ, including a copy of the arbitra...
(5)The originating summons and affidavit shall be served on each arbitrator and the respondents. Application to refer questions of law arising...
Seksyen 6Section 6
(1)A reference of any question of law to the Court under section 42 of the 2005 Act may be made at any time within forty-two days of the publi...
(2)In every application for reference of a question of law under section 42 of the 2005 Act the originating summons shall, in addition to the...
(a)identify the question of law arising out of the award which is sought to be determined;
(b)state the grounds on which reference is sought; and
(c)give particulars of each ground on which it is contended that the arbitral tribunal erred in law, with references to the paragraphs or pass...
(3)The applicant shall file by affidavit, written evidence on which he intends to rely when he files his originating summons, including a copy...
(4)The originating summons and affidavit shall be served on each arbitrator and the respondents. Preliminary question of law (O. 69, r. 7)
Seksyen 7Section 7
(1)An application under section 41 of the 2005 Act to determine any question of law arising in the course of the arbitral proceedings shall, i...
(a)be made either with
(i)the agreement in writing of all the parties to the arbitral proceedings; or
(ii)the permission in writing of the arbitral tribunal; and
(b)identify the question of law to be determined. P.U. (A) 205 356
(2)The applicant shall file by affidavit, written evidence on which he intends to rely when he files his originating summons, including a copy...
(3)The originating summons and affidavit shall be served on each arbitrator and the respondents. Enforcement of awards (O. 69, r. 8)
Seksyen 8Section 8
(1)An application for permission to enforce an award in the same manner as a judgment or an order may be made without notice in an arbitration...
(2)The arbitration claim originating summons shall
(a)state the name and the usual or last known place of abode or business of the applicant, and the respondent against whom it is sought to enf...
(b)state either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.
(3)The applicant shall file by affidavit, written evidence on which he intends to rely when he files his originating summons, including exhibi...
(4)The Court may specify parties to the arbitration on whom the arbitration claim originating summons shall be served. P.U. (A) 205 357
(5)With the permission of the Court, the arbitration claim originating summons may be served out of the jurisdiction irrespective of where the...
(6)An order giving permission to enforce the award shall
(a)be drawn up by the applicant; and
(b)be served on the respondent by
(i)delivering a copy to him personally; or
(ii)sending a copy to him at his usual or last known place of residence or business.
(7)Within fourteen days after service of the order giving permission to enforce the award or, if the order is to be served out of the jurisdic...
(a)the respondent may apply to set aside such order; and
(b)the award shall not be enforced until—
(i)after the expiration of that period; or
(ii)if the respondent applies within that period to set aside, until after the application made by the respondent has been finally disposed of.
(8)The order giving permission for enforcement shall contain a statement of the right to make an application to set aside the order. P.U. (A)...
(9)Where a body corporate is a party, any reference in this rule to a place of residence or business shall have effect as if the reference wer...
Seksyen 9Section 9
Seksyen 10Stay of legal proceedings (O. 69, r. 10)
(1)An application seeking a stay of legal proceedings under section 10 of the 2005 Act shall be served on all parties to those proceedings who...
(2)A copy of an application under paragraph (1) shall be served on any other party to the legal proceedings (whether or not he is within the j...
(a)his last known address; or
(b)a place where it is likely to come to his attention.
(3)Where a question arises as to whether—
(a)an arbitration agreement has been concluded; or P.U. (A) 205 359
(b)the dispute which is the subject matter of the proceeding falls within the terms of such agreement, the Court may decide that question or g...
Seksyen 11Section 11
(1)An application to extend time under section 46 of the 2005 Act for making an award may be made—
(a)by the arbitral tribunal, upon notice to the parties; or
(b)by any party to the proceedings, upon notice to the arbitral tribunal and the other parties.
(2)An application made under section 45 or 46 of the 2005 Act shall be served on all the other parties to the arbitration proceedings, includi...
(3)Order 3, rule 5 shall apply to this Order. Service out of the jurisdiction (O. 69, r. 12)
Seksyen 12Section 12
(1)The Court may give permission to serve an arbitration claim originating summons out of the jurisdiction if—
(a)the applicant seeks to set aside an award or a reference on a question of law arising out of an arbitration award made within the jurisdict...
(b)the applicant seeks some other remedy or requires a question to be decided by the Court affecting an arbitration agreement, or an arbitrati...
(2)An application for permission under paragraph (1) shall be supported by written evidence
(a)stating the grounds on which the application is made; and
(b)showing in what place or country the person to be served is to be found or probably may be found. Notice (O. 69, r. 13)
Seksyen 13Section 13
(a)the arbitration claim originating summons; and
(b)any affidavit of written evidence in support. Subpoena (O. 69, r. 14)
Seksyen 14Section 14
Seksyen 1Section 1
(1)This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to th...
(2)In this Order— “Sheriff’s account” means the account which is maintained pursuant to Order 90, rule 18, and includes the bank account maint...
(3)In this Order, any reference to payment into Court of proceeds of sale of any property sold by the Sheriff means payment of such proceeds i...
Seksyen 2Section 2
(1)An action in rem shall be begun by writ and the writ shall be in Form 146. Form 2 and the words “admiralty action in personam” must be inse...
(1B)A party intending to commence proceedings in rem and in personam must issue separate writs.
(2)Order 12 shall apply in relation to such an action.
(3)The plaintiff in an action in rem may be named or may be described, but if not named in the writ shall identify himself by name if requeste...
(4)Where the defendants are described and not named on the writ, any memorandum of appearance in addition to stating that description shall al...
(5)A defendant who files a memorandum of appearance to an action in rem does not lose any right he may have to dispute the jurisdiction of the...
(1)For the purposes of subsection 23(3) of the Merchant Shipping (Oil Pollution) Act 1994, any party to proceedings brought against an owner o...
(2)The Court shall, on the application made ex parte by the Fund, grant leave to the Fund to intervene in any proceedings to which the precedi...
(3)Where judgment is given against the Fund in any proceedings under section 19 of the Merchant Shipping (Oil Pollution) Act 1994, the Registr...
(4)The Fund shall notify the Registrar of the matters set out in section 19(8)(b) of the Merchant Shipping (Oil Pollution) Act 1994 by a notic...
(5)In this rule “Fund” has the same meaning as in section 15 of the Merchant Shipping (Oil Pollution) Act 1994. Service out of jurisdiction of...
Seksyen 3Section 3
(1)Subject to the following provisions of this rule, service out of the jurisdiction of a notice of a writ, containing any such claim as is me...
(a)the defendant has his habitual residence or a place of business in Malaysia;
(b)the cause of action arose within the territorial waters of Malaysia;
(c)an action arising out of the same incident or series of incidents is proceeding in the High Court or has been heard and determined in the H...
(d)the defendant has submitted or agreed to submit to the jurisdiction of the High Court.
(2)Order 11, rules 4 to 6 shall apply to service out of jurisdiction under this rule.
(3)Paragraph (1) shall not apply to an action in rem. P.U. (A) 205 364 Warrant of arrest (O. 70, r. 4)
Seksyen 4Section 4
(1)In an action in rem the plaintiff or defendant, as the case may be, may after the issue of the writ in the action and subject to the provis...
(2)Before a warrant to arrest any property is issued, the party intending to issue it shall procure a search to be made in the caveat book for...
(3)A warrant of arrest shall not be issued until the party intending to issue the same has filed a praecipe in Form 148 requesting issue of th...
(6), (7) and (8); however, the Court may, if it thinks fit, give leave to issue the warrant notwithstanding that the affidavit does not contai...
(4)Except with leave of the Court, a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a...
(5)Except with leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottom...
(6)Every affidavit shall state—
(a)the name, address and occupation of the applicant for the warrant;
(b)the nature of the claim or counterclaim in respect of which the warrant is required and that it has not been satisfied; P.U. (A) 205 365
(c)the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port to which she belongs; and
(d)the amount of security sought, if any.
(7)Every affidavit in an action in rem brought against a ship shall state—
(a)whether the ship against which the action is brought is the ship in connection with which the claim in the action arose;
(b)that in the belief of the deponent the person who would be liable on the claim in an action in personam was, when the cause of action arose...
(c)the grounds of the deponent’s belief.
(7A)In the case of a claim in respect of a liability incurred under section 3 of the Merchant Shipping (Oil Pollution) Act 1994, every affidavi...
(8)Every affidavit in an action in rem for possession of a ship or for wages shall state the nationality of the ship against which the action...
(9)An affidavit in such an action as is referred to in paragraph (5) shall have annexed thereto a certified copy of the bottomry bond, or of t...
Seksyen 5Section 5
(1)A person who desires to prevent the arrest of any property shall file in the Registry a praecipe, in Form 149, signed by him or his solicit...
(a)to enter an appearance in any action that may be begun against the property described in the praecipe; and
(b)within three days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding an amount sp...
(2)The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat...
Seksyen 6Section 6
Seksyen 7Service of writ in action in rem (O. 70, r. 7)
(1)Subject to paragraph (2), a writ by which an action in rem is begun shall be served on the property against which the action is brought exc...
(a)where the property is freight, in which case it shall be served on the cargo in respect of which the freight is payable or on the ship in w...
(b)where the property has been sold and the proceeds of sale paid into Court, in which case it shall be served on the Registrar.
(2)A writ need not be served on the property or Registrar mentioned in paragraph (1) if the writ is deemed to have been duly served on the def...
(3)Where in accordance with this rule a writ is required to be served on any property, the plaintiff shall leave the writ and a copy thereof a...
(4)Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the...
(5)Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2) shall not app...
(6)Where a writ is served on any property by the Sheriff or his officer, the person effecting service shall endorse on the writ the following...
Seksyen 8Section 8
Seksyen 9Execution of warrant of arrest (O. 70, r. 9)
(1)A warrant of arrest is valid for twelve months beginning with the date of its issue.
(2)A warrant of arrest may be executed only by the Sheriff or his officer.
(3)A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the Sheriff and all expenses incurred by him or...
(4)A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the She...
(5)A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable o...
(6)Subject to paragraph (5), a warrant of arrest shall be served on the property against which it is issued.
(7)(There is no paragraph 7)
(8)Within seven days after the service of a warrant of arrest, the warrant shall be filed by the Sheriff.
(9)Where a writ in an action in rem has been issued and security sought, any person who has filed a memorandum of appearance may apply for an...
(a)obtain the release of property under arrest; or
(b)prevent the arrest of property.
(a)the amount of security be reduced and may stay the claim until the order is complied with; or
(b)the plaintiff or defendant, as the case may be, may arrest or re-arrest the property proceeded against to obtain further security.
(a)of the original arrest; or
(b)security was first given (if the property was not arrested). P.U. (A) 205 370 Service on ships: How effected (O. 70, r. 10)
Seksyen 10Section 10
(1)Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by—
(a)affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship’s superstructure;...
(b)on removing the warrant or writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a s...
(2)Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or tranship...
(a)by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, leaving a copy of it on the cargo; or
(b)if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or writ with that person.
(3)A writ in an action in rem or warrant of arrest may be served on any day. Applications with respect to property under arrest (O. 70, r. 11)
Seksyen 11Section 11
(1)The Sheriff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court...
(2)The Sheriff shall send a copy of any order made under paragraph (1) to all the parties to every action against the property to which the or...
(3)A person other than the Sheriff may make an application under this rule by notice of application in the action in which the property is und...
Seksyen 12Section 12
(1)Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested...
(2)A party at whose instance any property was arrested may, before an appearance is entered in the action, file a notice withdrawing the warra...
(3)Unless the Court otherwise orders, a release shall not be issued with respect to property as to which a caveat against release is in force.
(4)A release may be issued at the instance of a party interested in the property under arrest if the Court so orders, or, subject to paragraph...
(5)Before a release is issued the party entitled to its issue shall—
(a)if there is a caveat against release in force as to the property in question, give notice to the party at whose instance it was entered or...
(b)file a praecipe in Form 152 requesting issue of a release. P.U. (A) 205 372
(6)Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued sha...
(7)The Court, on the application of any party who objects to directions given to him by the Sheriff under paragraph (6), may vary or revoke th...
(a)is not under arrest, but the cargo on board her is; or
(b)is under arrest, but the cargo on board her is not, and persons interested in the ship or cargo wish to discharge the cargo, they may, with...
(9)If
(a)the Sheriff considers the request under paragraph (8) reasonable; and
(b)the applicant gives an undertaking in writing acceptable to the Sheriff to pay—
(i)his fees; and
(ii)all expenses to be incurred by him or on his behalf on demand, the Sheriff may apply to the Court for an order to permit the discharge of t...
(a)intervene to be made parties to the action; and
(i)discharge of the cargo; and
(ii)directions as to the fees and expenses of the Sheriff with regard to the discharge and storage of the cargo.
(11)Where the Court stays or dismisses an action in rem on the ground that the dispute in question should be submitted to the determination of...
(a)order that the property arrested be retained as security for the satisfaction of any judgment which—
(i)is given in respect of the dispute in the legal proceedings in favour of which those proceedings are stayed or dismissed; and
(ii)is enforceable in Malaysia; or
(b)order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any su...
(12)Where the Court makes an order under paragraph (11), it may attach such conditions to the order as it thinks fit, in particular conditions...
Seksyen 13Section 13
(1)A person who desires to prevent the release of any property under arrest in an action in rem and the payment out of Court of any money in C...
(2)Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that p...
Seksyen 14Section 14
(1)Every caveat entered in the caveat book is valid for six months beginning with the date of its entry but the person at whose instance a cav...
(2)The period of validity of a caveat may not be extended but this provision shall not be taken as preventing the entry of successive caveats....
Seksyen 15Section 15
(1)Bail on behalf of a party to an action in rem shall be given by bond in Form 155 and the sureties to the bond shall enter into the bond bef...
(2)Subject to paragraph (3), a surety to a bail bond shall make an affidavit stating that he is able to pay the sum for which the bond is give...
(3)Where a corporation is a surety to a bail bond given on behalf of a party, an affidavit shall not be made under paragraph (2) on behalf of...
(4)The party on whose behalf bail is given shall serve on the opposite party a notice of bail containing the names and addresses of the person...
Seksyen 16Section 16
(1)Where the property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is...
(2)An application for the grant of leave under this rule shall be made ex parte by notice of application supported by an affidavit showing the...
(3)A person to whom leave is granted to intervene in an action shall thereupon become a party to the action and shall enter an appearance ther...
(4)The Court may order that a person to whom it grants leave to intervene in an action shall, within such period as may be specified in the or...
Seksyen 17Section 17
(1)In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, unless the Court othe...
(a)the names of the ships which came into collision and their ports of registry; (aa) the length, breadth, gross tonnage, horsepower and draug...
(b)the date and time of the collision;
(d)the direction and force of the wind;
(e)the state of the weather; P.U. (A) 205 377
(f)the state, the direction and force of the tidal or other current;
(g)the position, the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measu...
(h)the lights or shapes, if any, carried by the ship;
(i)the distance and bearing of the other ship if and when her echo was first observed by radar;
(k)what light or shape or combination of lights or shapes, if any, of the other ship was first seen;
(l)what other lights or shapes or combination of lights or shapes, if any, of the other ship were subsequently seen before the collision, and...
(m)what alterations, if any, were made to the course and speed of the ship after the earlier of the two times referred to in subparagraph
(n)the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment...
(o)what sound signals, if any, were given, and when; and P.U. (A) 205 378
(p)what sound signals, if any, were heard from the other ship, and when.
(2)Every preliminary act shall before filing be sealed by the Registrar and shall be filed in closed envelope (stamped with an official stamp...
(3)Where the Court orders the preliminary acts to be opened, the Court may further order the action to be tried without pleadings but, where t...
(4)Where the Court orders the action to be tried without pleadings, it may also order each party, within such period as may be specified in th...
(5)Order 18 rule 1, shall not apply to an action in which preliminary acts are required but, unless the Court orders the action to be tried wi...
(6)A plaintiff shall serve a notice of filing his preliminary act on every defendant who has entered an appearance within three days of the se...
Seksyen 18Section 18
(1)Where in such an action as is referred to in rule 17(1) the plaintiff fails to lodge a preliminary act within the prescribed period, any de...
(2)Where in such an action, being an action in personam, a defendant fails to lodge a preliminary act within the prescribed period, Order 19,...
(3)Where in such an action, being an action in rem, a defendant fails to lodge a preliminary act within the prescribed period, the plaintiff,...
(4)On the hearing of a notice of application under paragraph (3), the Court may make such order as it thinks just, and where the defendant doe...
(5)Where the plaintiff in accordance with a requirement under paragraph P.U. (A) 205 380 the property against which the action is brought to b...
(6)The Court may, on such terms as it thinks just, set aside any judgment entered pursuant to this rule.
(7)In this rule, references to the prescribed period shall be construed as references to the period within which in accordance with rule 17(1)...
Seksyen 19Section 19
(1)Notwithstanding anything in Order 18, rule 3, the plaintiff in any such action as is referred to in Order 11, rule 1(1)(a), (b) and (c) may...
(2)If in such an action there is a counterclaim and no defence to counterclaim by the plaintiff, then notwithstanding Order 18, rule 14(3), bu...
Seksyen 20Section 20
(1)Where a writ is served under rule 7(4) on a party at whose instance a caveat against arrest was issued, then if—
(a)the sum claimed in the action begun by writ does not exceed the amount specified in the undertaking given by that party or his solicitor to...
(b)that party or his solicitor does not within fourteen days after service of the writ fulfill the undertaking given by him as aforesaid, P.U....
(2)Judgment given under paragraph (1) may be enforced by the arrest of the property against which the action was brought and by committal of t...
(3)Where a defendant to an action in rem fails to enter an appearance within the time limited for appearing, then, on the expiration of fourte...
(4)Where a defendant to an action in rem fails to serve a defence on the plaintiff, then after the expiration of the period fixed by or under...
(5)Where a defendant to a counterclaim in an action in rem fails to serve a defence to counterclaim on the defendant making the counterclaim,...
(6)No application may be made under paragraph (5) against the plaintiff in any such action as is referred to in Order 11, rule 1(1)(a), (b) an...
(7)An application to the Court under this rule shall be made by notice of application and if, on the hearing of the notice of application, the...
(8)In default actions in rem evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that beh...
(9)The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.
(a)the sale of the property under arrest; or
(b)the proceeds of sale of property sold by the Court, will be heard in open Court and the notice of application with any affidavit in support...
Seksyen 21Section 21
(1)Where in an action in rem against a ship the Court has ordered the ship to be sold, any party who has obtained or obtains judgment against...
(a)in a case where the order for sale contains the further order referred to in paragraph (2), after the expiration of the period specified in...
(b)in any other case, after obtaining judgment, apply to the Court by notice of application for an order determining the order of priority of...
(2)Where in an action in rem against a ship the Court orders the ship to be sold, it may further order—
(a)that the order of priority of the claims against the proceeds of sale of the ship shall not be determined until after the expiration of nin...
(b)that any party to the action or to any other action in rem against the ship or the proceeds of sale thereof may apply to the Court in the a...
(c)that within seven days after the date of payment into Court of the proceeds of sale the Sheriff shall send for publication in the Gazette a...
(3)The notice referred to in subparagraph (2)(c) shall state—
(a)that the ship (naming her) has been sold by order of the High Court in an action in rem, identifying the action;
(b)that the gross proceeds of the sale, specifying the amount thereof, have been paid into Court;
(c)that the order of priority of the claims against the said proceeds will not be determined until after the expiration of the period (specify...
(d)that any person with a claim against the ship or the proceeds of sale thereof, on which he intends to proceed to judgment should do so befo...
(4)The Sheriff shall lodge in the Registry a copy of each newspaper or publication in which the notice referred to in paragraph (2)(c) appeare...
(5)The expenses incurred by the Sheriff in complying with an order of the Court under this rule shall be included in his expenses relating to...
(6)An application to the Court to extend the period referred to in paragraph
(2)(a) shall be made by notice of application, and a copy of the notice of application, shall, at least three days before the day fixed for th...
(7)In this rule, “Court” means the Judge in person. P.U. (A) 205 385 Appraisement and sale of property (O. 70, r. 22)
Seksyen 22Section 22
(1)A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it...
(2)Such a commission shall, unless the Court otherwise orders, be executed by the Sheriff and shall be in Form 157.
(3)A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the Sheriff to pay the fees an...
(4)The Sheriff shall pay into Court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring int...
(5)On the taxation of the Sheriff’s account relating to a sale, any person interested in the proceeds of the sale shall be entitled to be hear...
(a)proceeds of sale are paid into Court by the Sheriff; and
(7)Unless made at the same time as an application for sale, or other prior application, an application to place foreign currency on longer ter...
(8)Notice of the placement of foreign currency in an interest bearing account shall be given to all parties interested in the fund by the part...
(1)Every undertaking under this Order shall be given in writing to the satisfaction of the Sheriff.
(2)Where a party is required to give to the Sheriff an undertaking to pay any fees or expenses, the Sheriff may accept instead of an undertaki...
(3)The Court may, on the application of any party who is dissatisfied with a direction or determination of the Sheriff under this Order, vary...
Seksyen 23Section 23
(1)(There is no paragraph (1))
(2)Subject to paragraph (3), money paid into Court shall not be paid out except in pursuance of an order of the Judge in person.
(3)The Registrar may, with the consent of the parties interested in money paid into Court, order the money to be paid out to the person entitl...
(a)where a claim has been referred to the Registrar for decision and all the parties to the reference have agreed to accept the Registrar’s de...
(b)where property has been sold and the proceeds of sale thereof paid into Court, and the parties are agreed as to the persons to whom the pro...
(c)where in any other case there is no dispute between the parties. Application for directions (O. 70, r. 24)
Seksyen 24Section 24
(1)Unless a Judge in person otherwise directs, the pre-trial case management shall be heard by a Judge in person but, subject to that, Orders...
(2)An order made on the pre-trial case management shall determine whether the trial is to be without assessors or with one or more assessors,...
(3)An order may be made on the pre-trial case management, or a direction may be given at the trial, limiting the witnesses who may be called a...
(4)Any such order or direction as is referred to in paragraphs (2) and (3) including an order made on appeal may be varied or revoked by a sub...
Seksyen 25Section 25
(1)The Court may at any stage of an action, either on an application made by a notice of application by any party or by order made by virtue o...
(2)(There is no paragraph (2)) P.U. (A) 205 388
(3)Not less than seven days before the date fixed for the trial, or such other period before that date as may be specified in general directio...
(a)if trial with one or more assessors has been ordered, a praecipe for his or their attendance; and
(b)three copies or in the case of a trial with one or more assessors, four copies (if with one assessor) and five copies (if with two) of any...
(4)If an action which has been fixed for trial is settled or withdrawn, it shall be the duty of all the parties to notify the Registry of the...
(5)Order 21, rule 2(4) shall not apply to Admiralty actions. Stay of proceedings in collision, actions until security given (O. 70, r. 26)
Seksyen 26Section 26
(1)Where an action in rem, being an action to enforce any such claim as is referred to in Order 11, rule 1(1)(a), (b) and (c), is begun and a...
(a)if the ship in respect of or against which the first-mentioned action is brought has been arrested or security given to prevent her arrest;...
(b)the ship in respect of or against which the cross action is brought or the counterclaim made cannot be arrested and security has not been g...
(2)Where the Court orders a stay of any action in rem
(a)any property under arrest in the action remains under arrest; and
(b)any security representing the property remains in force, unless the Court orders otherwise. Inspection of ship (O. 70, r. 27)
Seksyen 27Section 27
Seksyen 28Shorthand note of oral evidence (O. 70, r. 28)
(1)An official shorthand note shall, if the Court so directs, be taken of the proceedings in Court of any cause or matter. The reference in th...
(2)The Court may appoint official Admiralty shorthand writers who shall be paid such fees as may be fixed by the Court. Examination of witness...
Seksyen 29Section 29
(1)The power conferred by Order 39, rule 1 shall extend to the making of an order authorizing the examination of a witness or person on oath b...
(2)The power conferred by rule 1 shall also extend to the making of an order, with the consent of the parties, providing for the evidence of a...
(3)Where an order is made under paragraph (2), it may make provision for any consequential matters and, subject to any provision so made, the...
(a)the party whose witness is to be examined shall provide a shorthand writer to take down the evidence of the witness;
(b)any representative, being a solicitor, of either of the parties shall have authority to administer the oath to the witness;
(c)the shorthand writer need not himself be sworn but shall certify in writing as correct a transcript of his notes of the evidence and delive...
(d)unless the parties otherwise agree or the Court otherwise orders, the transcript or a copy thereof shall, before the transcript is filed, b...
(4)In actions in which preliminary acts fall to be filed under rule 17, an order shall not be made under Order 39, rule 1, authorizing any exa...
(5)Order 39 shall apply in relation to an Admiralty cause or matter. Issue of subpoena (O. 70, r. 30)
Seksyen 30Section 30
Seksyen 31Proceedings for apportionment of salvage (O. 70, r. 31)
(1)Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained shall be begun by notice of applica...
(2)The notice of application, together with the affidavits in support thereof, shall be filed in the Registry at least seven days before the h...
(3)On the hearing of the notice of application the Judge may exercise any of the jurisdiction conferred by section 402 of the Merchant Shippin...
Seksyen 32Section 32
(1)A notice of application in any action, together with the affidavits, if any, in support thereof, shall be filed in the Registry at least th...
(2)Subject to rule 20(11), a copy of the notice of application and of the affidavits, if any, in support thereof shall be served on all the ot...
Seksyen 33Section 33
Seksyen 34(There is no rule 34)
Seksyen 35Limitation action: Parties (O. 70, r. 35)
(1)In a limitation action the person seeking relief shall be the plaintiff and shall be named in the writ by his name and not described merely...
(2)The plaintiff shall make one of the persons with claims against him in respect of the casualty to which the action relates defendant to the...
(3)At least one of the defendants to the action shall be named in the writ by his name but the other defendants may be described generally and...
(4)The writ shall be served on one or more of the defendants who are named by their names therein and need not be served on any other defendan...
(5)In this rule and rules 36, 37 and 38, “name” includes a firm name or the name under which a person carries on his business, and where any p...
Seksyen 36Section 36
(1)Within seven days after the entry of appearance by one of the defendants named by their names in the writ or, if none of them enters an app...
(2)The notice of application shall be supported by an affidavit or affidavits proving—
(a)the plaintiff’s case in the action; and
(b)if none of the defendants named in the writ by their names has entered an appearance, service of the writ on at least one of the defendants...
(3)The affidavit in support of the notice of application shall state—
(a)the names of all the persons who, to the knowledge of the plaintiff, have claims against him in respect of the casualty to which the action...
(b)the address of each of those persons, if known to the plaintiff. P.U. (A) 205 394
(4)The notice of application and every affidavit in support thereof shall, at least seven clear days before the hearing of the notice of appli...
(5)On the hearing of the notice of application the Registrar, if it appears to him that it is not disputed that the plaintiff has a right to l...
(6)On the hearing of the notice of application the Registrar, if it appears to him that any defendant has not sufficient information to enable...
(7)If on the hearing or resumed hearing of the notice of application the Registrar does not make a decree limiting the plaintiff’s liability,...
(8)Any defendant who, after the Registrar has given directions under paragraph (7), ceases to dispute the plaintiff’s right to limit his liabi...
(9)If every defendant who disputes the plaintiff’s right to limit his liability serves a notice on the plaintiff under paragraph (8), the plai...
(2)Where the plaintiff does not know the Ringgit Malaysia equivalent of the said number of special drawing rights on the date of payment into...
(a)make up any deficiency by making a further payment into Court which, if made within fourteen days after the payment into Court under paragr...
(b)apply to the Court for payment out of any excess amount (together with any interest accrued thereon) paid into Court under paragraph (1).
(3)An application under paragraph (2)(b) may be made ex parte and must be supported by evidence proving the Ringgit Malaysia equivalent of the...
(4)On making any payment into Court under this rule, the plaintiff shall give notice thereof in writing to every defendant, specifying the dat...
(5)Rule 23(2) and (3) of this Order shall apply, with the necessary modifications, to the payment out of money paid into Court under this rule...
Seksyen 37Section 37
(1)Where the only defendants in a limitation action are those named in the writ by their names and all the persons so named have either been s...
(2)In any case not falling within paragraph (1), any decree in the action limiting the plaintiff’s liability (whether made by the Registrar or...
(a)shall be advertised by the plaintiff in such manner and within such time as may be provided by the decree;
(b)shall fix a time within which persons with claims against the plaintiff in respect of the casualty to which the action relates may enter an...
(3)The advertisement to be required under subparagraph (2)(a) shall, unless for special reasons the Registrar or Judge thinks fit otherwise to...
(4)The time to be allowed under subparagraph (2)(b) shall, unless for special reasons the Registrar or Judge thinks fit otherwise to provide,...
(5)Save as aforesaid, any decree limiting the plaintiff’s liability (whether made by a Registrar or on the trial of the action) may make any s...
Seksyen 38Section 38
(1)Where a decree limiting the plaintiff’s liability (whether made by a Registrar or on the trial of the action) fixes a time in accordance wi...
(a)was not named by his name in the writ as a defendant to the action; or
(b)if so named, neither was served with the writ nor entered an appearance, may, within that time, after entering an appearance, take out a no...
(2)The notice of application shall be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim aga...
(3)The notice of application and every affidavit in support thereof shall, at least seven clear days before the hearing of the notice of appli...
(4)On the hearing of the notice of application the Registrar, if he is satisfied that the defendant in question has a bona fide claim against...
Seksyen 39Section 39
(1)Any party (which is referred to as the “claimant” in this rule), making a claim which is referred to the Registrar for decision shall, with...
(2)At any time after the claimant’s claim has been filed or, where the reference is in a limitation action, after the expiration of the time l...
(3)The reference shall be heard on a day appointed by the Registrar and, unless the reference is in a limitation action or the parties to the...
(4)An appointment for the hearing of a reference shall not be made until after the claimant has filed his claim or, where the reference is in...
(5)Not later than seven days after an appointment for the hearing of a reference has been made the claimant or, where the reference is in a li...
(6)Not less than fourteen days before the day appointed for the hearing of the reference the claimant shall file—
(a)a list, signed by him and every other party, of the items, if any, of his claim which are not disputed, stating the amount, if any, which h...
(b)such affidavits or other documentary evidence as is required to support the items of his claim which are disputed, and, unless the referenc...
(7)If the claimant fails to comply with paragraph (1) or subparagraph (6)(b), the Court may, on the application of any other party to the caus...
Seksyen 40Section 40
(1)The Registrar may adjourn the hearing of a reference from time to time as he thinks fit.
(2)At or before the hearing of a reference, the Registrar may give a direction limiting the witnesses who may be called, whether expert witnes...
(3)Subject to paragraph (2), evidence may be given orally or by affidavit or in such other manner as may be agreed upon, and the evidence may,...
(4)When the hearing of the reference has been concluded, the Registrar shall—
(a)reduce to writing his decision on the question arising in the reference (including any order as to costs) and cause it to be filed;
(b)cause to be filed either with his decision or subsequently such statement, if any, of the grounds of the decision as he thinks fit; and
(c)send to the parties to the reference notice that he has done so.
(5)Where no statement of the grounds of the Registrar’s decision is filed with his decision and no intimation has been given by the Registrar...
Seksyen 41Section 41
(1)Any party to a reference to the Registrar may, by notice of application in objection, apply to a Judge in Court to set aside or vary the de...
(2)The decision of the Registrar shall be deemed to be given on the date on which it is filed, but unless he or the Judge otherwise directs, t...
(3)A direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard, but may, if the Registrar...
Seksyen 42Section 42
Seksyen 43Inspection of document filed in Registry (O. 70, r. 43)
(1)Order 60, rule 4, shall apply in relation to documents filed in the Registry.
(2)For the purposes of rule 4, as applied by paragraph (1), a decree made in Chambers in a limitation action shall be deemed to have been made...
Seksyen 1Section 1
Seksyen 2In this Rules, unless the context otherwise requires—
Seksyen 3Personal application (O. 71, r. 3)
(1)A personal applicant may apply for a grant at the Registry.
(2)A personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to a...
(3)A personal application shall not be received or proceeded with if—
(a)it becomes necessary to bring the matter before the Court by action;
(b)an application has already been made by a solicitor on behalf of the applicant and has not been withdrawn; or
(c)the Registrar otherwise directs. P.U. (A) 205 404
(4)After a will has been deposited in the Registry by a personal applicant, it may not be delivered to the applicant or to any other person un...
(5)A personal applicant shall produce a certificate of death of the deceased or such other evidence of the death as the Registrar may approve.
(6)Every oath, affidavit or bond required on a personal application (other than a bond given by a corporation in accordance with rule 34) shal...
Seksyen 4Section 4
(1)The Registrar shall not allow any grant to be issued until all inquiries which he may see fit to make have been answered to his satisfactio...
(2)The Registrar may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the originating...
(3)Except with the leave of the Registrar, a grant of probate or of administration with the will annexed shall not be issued within seven days...
(4)When an application for a grant is filed, the Registrar shall give notice in Form 158 to the Registrar of the Principal Registry and notify...
(5)The Registrar shall notify the Registrar of the Principal Registry of all grants made under the Act and the rules of this Order. P.U. (A) 2...
Seksyen 5Section 5
(1)Every application for a grant shall be made by originating summons in Form 5 and shall be supported by an affidavit setting out the informa...
(2)On an application for a grant of administration the originating summons shall state whether, and if so, in what manner all persons having a...
(3)Where the deceased died domiciled outside Malaysia, the originating summons shall state where the deceased died domiciled.
(4)If the originating summons states where the deceased died domiciled (whether in or outside Malaysia) a statement as to the country in which...
(5)In every originating summons—
(a)where any person is named as a relative of the deceased, he shall, if a lawful relative, be so described, and where the legality of any suc...
(b)where it is alleged that any person is entitled to share in the distribution of an intestate's estate, it shall be stated how such person i...
(6)Where an application for a grant is, for the first time, made after the lapse of three years from the death of the deceased, the reason for...
Seksyen 6Section 6
Seksyen 7Marking of wills (O. 71, r. 7)
(1)Every will in respect of which an application for a grant is made shall be exhibited to the originating summons and a certified true copy o...
(2)Where the will is not in the English language, there shall also be annexed to the application under paragraph (1) a translation certified b...
Seksyen 8Section 8
(1)Where the Registrar considers that in any particular case a photographic copy of the original will would not be satisfactory for purposes o...
(2)Where a will contains alterations which are not admissible to proof, there shall be filed an engrossment of the will in the form in which i...
(3)Any engrossment filed under this rule shall reproduce the punctuation, spacing and division into paragraphs of the will and, if it is one t...
(4)Where any pencil writing appears on a will, there shall be filed a copy of the will or of the pages or sheets containing the pencil writing...
Seksyen 9Section 9
(1)Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the Registrar that there is so...
(2)If no affidavit can be obtained in accordance with paragraph (1), the Registrar may, if he thinks fit having regard to the desirability of...
(3)If the Registrar, after considering the evidence—
(a)is satisfied that the will was not duly executed, he shall refuse probate and shall order accordingly; or
(b)is doubtful whether the will was duly executed, he may refer the matter to the Court. Execution of will of blind or illiterate testator (O....
Seksyen 10Section 10
Seksyen 11Section 11
(1)Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by...
(2)If from any mark on the will it appears to the Registrar that some other document has been attached to the will, or if a will contains any...
(3)Where there is a doubt as to the date on which a will was executed, the Registrar may require such evidence as he thinks necessary to estab...
Seksyen 12Section 12
Seksyen 13Affidavit as to due execution, terms, of will (O. 71, r. 13)
Seksyen 14Wills not proved under section 5 of Wills Act (O. 71, r. 14)
Seksyen 15Wills of persons on military service and seamen (O. 71, r. 15)
Seksyen 16Evidence of foreign law (O. 71, r. 16)
Seksyen 17Order of priority for grant where deceased left a will (O. 71, r. 17)
Seksyen 18Where a gift to any person fails by reason of section 9 of the Wills Act 1959
Seksyen 19Order of priority for grant in case of intestacy (O. 71, r. 19)
Seksyen 20Right of assignee to grant (O. 71, r. 20)
(1)Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in t...
(2)Where there are two or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding four)...
(3)In any case where administration is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry. Add...
Seksyen 21Section 21
(1)An application under subsection 4(2) of the Act to add a personal representative shall be made by notice of application to the Registrar an...
(2)A notice of application under paragraph (1) shall be served on all persons entitled in the same degree as the applicant.
(3)On any such application the Registrar may direct that a note shall be made on the original grant of the addition of a further personal repr...
Seksyen 22Section 22
(1)A grant may be made to any person entitled thereto without notice to other persons entitled in the same degree.
(2)A dispute between persons entitled to a grant in the same degree shall be brought by notice of application before the Registrar.
(3)Unless the Registrar otherwise directs, administration shall be granted to a living person in preference to the personal representative of...
(4)If the issue of a notice of application under this rule is known to the Registrar, he shall not allow any grant to be extracted until such...
Seksyen 23Section 23
(1)Nothing in rule 17, 19 or 22 shall operate to prevent a grant being made to any person to whom a grant may or may require to be made under...
(2)The rules mentioned in paragraph (1) shall not apply where the deceased died domiciled outside Malaysia, except in a case to which the prov...
Seksyen 24Section 24
Seksyen 25Grants where deceased died domiciled outside Malaysia (O. 71, r. 25)
(a)to the person entrusted with the administration of the estate by the Court having jurisdiction at the place where the deceased died domicil...
(b)to the person entitled to administer the estate by the law of the place where the deceased died domiciled;
(c)if there is no such person as is mentioned in subparagraph (a) or (b) or if in the opinion of the Registrar the circumstances so require to...
(d)if, by virtue of section 4 of the Act, a grant is required to be made to, or if the Registrar in his discretion considers that a grant shou...
(i)if the will is in the English language, to the executor named therein;
(ii)if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to th...
Seksyen 26Section 26
Seksyen 27Grants on behalf of infants (O. 71, r. 27)
(1)Where the person to whom a grant would otherwise be made is an infant, administration for his use and benefit until he attains the age of m...
(a)to both parents of the infant jointly or to the statutory or testamentary guardian of the infant or to any guardian appointed by a Court of...
(b)if there is no such guardian able and willing to act and the infant has attained the age of sixteen years, to any next-of-kin nominated by...
(2)Any person nominated under subparagraph (1)(b) may represent any other infant whose next-of-kin he is, being an infant below the age of six...
(3)Notwithstanding anything in this rule, administration for the use and benefit of the infant until he attains the age of majority may be gra...
(4)Where in accordance with section 4 of the Act, a grant is required to be made to not less than two administrators and there is only one per...
(5)Where an infant who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the...
(6)An infant’s right to administration may be renounced only by a person assigned as guardian under paragraph (3) and authorized to renounce b...
Seksyen 28Section 28
(1)Where one of two or more executors is an infant, probate may be granted to the other executor or executors not under disability, with power...
(2)An infant executor’s right to probate on attaining the age of majority may not be renounced by any person on his behalf. Grants in case of...
Seksyen 29Section 29
(1)Where the Registrar is satisfied that a person entitled to a grant is by reason of unsoundness of mind or physical incapacity incapable of...
(a)in the case of unsoundness of mind, to the person authorized by the High Court; or
(b)where there is no person so authorized, or in the case of physical incapacity—
(i)if the person incapable is entitled as executor, to the person entitled to the residuary estate of the deceased;
(ii)if the person incapable is entitled otherwise than as an executor, to the person who would be entitled to a grant in respect of his estate...
(2)Unless the Registrar otherwise directs, a grant of administration shall not be made under paragraph (1) unless all persons entitled in the...
(3)In the case of physical incapacity, notice of intended application for a grant under paragraph (1) shall, unless the Registrar otherwise di...
Seksyen 30Section 30
(1)Where a trust corporation applies for a grant through one of its officers, such officer shall file a certified copy of the resolution autho...
(2)Where a trust corporation applies for a grant of administration otherwise than as attorney for some person, there shall be filed with the o...
(3)Where a corporation (not being a trust corporation) would, if an individual, be entitled to a grant, administration for its use and benefit...
Seksyen 31Section 31
(1)A renunciation of probate by an executor shall not operate as a renunciation of any right which he may have to a grant of administration in...
(2)Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other...
(3)A renunciation of probate of administration may be retracted at any time by leave of the Court in accordance with the provisions of section...
(4)A written renunciation of a right to a grant under section 3 of the Act shall be in one of the forms in Form 160. Notice to Attorney Genera...
Seksyen 32Section 32
Seksyen 33Administration oath (O. 71, r. 33)
Seksyen 34Administration bonds (O. 71, r. 34)
(1)An administration bond under section 35 of the Act shall be in Form 162 and the signature of the administrator and any surety (not being, i...
(2)Except in a case to which paragraph (3) applies or where the Registrar otherwise directs, there shall be two sureties to every administrati...
(3)A surety shall not be required on an application for a grant of administration—
(a)by a trust corporation, whether alone or jointly with an individual; P.U. (A) 205 418
(b)by a servant of the Government acting in his official capacity; or
(c)where the deceased left no estate.
(4)The Registrar shall so far as possible satisfy himself that every surety to an administration bond is a responsible person.
(5)Unless the Registrar otherwise directs, a person shall not be accepted as a surety unless he is resident in Malaysia.
(6)An officer of the Registry shall not become a surety without the leave of the Registrar.
(7)Where the proposed surety is a corporation (other than a trust corporation), there shall be filed an affidavit by the proper officer of the...
(8)An application under section 37 of the Act for an order to assign an administration bond shall be made by notice of application to the Regi...
Seksyen 35Section 35
Seksyen 36Amendment and revocation of grant (O. 71, r. 36)
(1)If the Registrar is satisfied that a grant should be amended or revoked, he may make an order accordingly: Provided that except in special...
(2)The Registrar shall notify the Registrar of the Principal Registry of any amendment or revocation of a grant under paragraph (1). Caveats (...
Seksyen 37Section 37
(1)Any person who wishes to ensure that no grant is made without notice to himself may enter a caveat.
(2)When a caveat is entered, the Registrar shall forward a copy of the caveat and give notice in Form 158 to the Registrar of the Principal Re...
(3)Any person who wishes to enter a caveat (which is referred to as “the caveator” in this rule) may do so by filing the caveat Form 164 in th...
(4)Where the caveat is entered by a solicitor on the caveator’s behalf, the name of the caveator shall be stated.
(5)Except as otherwise provided by this rule, a caveat shall remain in force for six months from the date on which it is entered and shall the...
(6)The Registrar of the Principal Registry shall maintain an index of caveats entered in all Registries and on receiving a notice of an applic...
(7)The Registrar shall not make any grant if he has knowledge of an effective caveat in respect thereof: Provided that a caveat shall not oper...
(8)A caveat may be warned by the issue from Registry of a warning in Form 165 at the instance of any person interested (which is referred to a...
(9)A caveator who has not entered an appearance in Form 166 to a warning may at any time withdraw his caveat by giving notice at the Registry...
(12)If the time limited for appearance in Form 166 has expired and the caveator has not entered an appearance, the person warning may file in t...
Seksyen 38Section 38
(1)Every contested matter shall be referred to a Judge who may dispose of the matter in dispute in a summary manner or direct that the provisi...
(2)Where a matter is directed to be disposed of summarily the originating summons, if any, shall ordinarily be adjourned into open Court for h...
Seksyen 39Section 39
Seksyen 40Unless the Registrar by order made on notice of application otherwise directs—
(a)any caveat in force at the commencement of proceedings by way of citation or originating summons shall, unless withdrawn pursuant to rule 3...
(b)any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action;
(c)the commencement of a probate action shall, whether or not any caveat has been entered, operate to prevent the sealing of a grant (other th...
Seksyen 41Section 41
(1)Every citation in one of the forms in Form 167 shall be issued from the Registry. P.U. (A) 205 423
(2)Every averment in a citation, and such other information as the Registrar may require, shall be verified by an affidavit sworn by the perso...
(3)The citor shall enter a caveat before issuing a citation.
(4)Every citation shall be served personally on the person cited unless the Registrar, on cause shown by affidavit, directs some other mode of...
(5)Every will referred to in a citation shall be filed in the Registry before the citation is issued, except where the will is not in the cito...
(6)A person who has been cited to appear may, within eight days of service of the citation upon him inclusive of the day of such service, or,...
Seksyen 42Section 42
(1)A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of...
(2)Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the in...
(3)A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a g...
(4)A person cited who is willing to accept or take a grant may apply ex parte by notice of application to the Registrar for an order for a gra...
(5)If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may—
(a)in the case of a citation under paragraph (1), apply to the Registrar for an order for a grant to himself;
(b)in the case of a citation under paragraph (2), apply to the Registrar for an order that a note be made on the grant that the executor in re...
(c)in the case of a citation under paragraph (3), apply to the Registrar by notice of application (which shall be served on the person cited)...
(6)An application under paragraph (5) shall be supported by an affidavit showing that the citation was duly served and that the person cited h...
(7)If the person cited has entered an appearance but has not applied for a grant under paragraph (4), or has failed to prosecute his applicati...
(a)in the case of a citation under paragraph (1), apply by notice of application to the Registrar for an order for a grant to himself;
(b)in the case of a citation under paragraph (2), apply by notice of application to the Registrar for an order striking out the appearance and...
(c)in the case of a citation under paragraph (3), apply by notice of application to the Registrar for an order requiring the person cited to t...
Seksyen 43Section 43
(1)A citation to propound a will shall be directed to the executors named in the will and to all persons interested thereunder, and may be iss...
(2)If the time limited for appearance has expired and no person cited has entered an appearance, or if no person who has appeared proceeds wit...
Seksyen 44Section 44
Seksyen 45Section 45
Seksyen 46Section 46
(1)An application for an order admitting to proof a nuncupative will, or a will contained in a copy, a completed draft, a reconstruction or ot...
(2)The application shall be supported by affidavit setting out the grounds of the application and by such evidence on affidavit as the applica...
(a)the due execution of the will;
(b)its existence after the death of the testator; and
(c)the accuracy of the copy or other evidence of the contents of the will, together with any consents in writing to the application given by a...
Seksyen 47Section 47
(1)An office copy of the whole or any part of a will may, on payment of the prescribed fee, be obtained from the Registry.
(2)Where copies are required of original wills or other documents such copies may be photographic copies certified under the hand of the Regis...
(3)Copies, not being photographic copies, of original wills or other documents deposited under rule 47A(1) shall be examined against the docum...
Seksyen 47ASection 47A
(1)Any will or other testamentary document that is the subject matter of an application for a grant under the Act or the rules of this Order,...
(2)No original will or other testamentary document in the custody of the Registrar may be inspected or copied except in the presence of a prop...
Seksyen 48(There is no rule 48)
Seksyen 49Memorandum of resealing and notice of resealing (O. 71, r. 49)
Seksyen 50Small estates (O. 71, r. 50)
(1)In the case of any originating summons for letters of administration to the estate of a person who died intestate—
(a)if the originating summons discloses that the assets of the estate include immovable property in any State, the Registrar shall before fixi...
(b)if it appears to the Registrar that proceedings are already pending before a Collector then—
(i)if the Registrar is satisfied that the estate is a small estate, he shall transfer the originating summons to the Collector; but
(ii)if the Registrar is satisfied that the estate is not a small estate, he shall so inform the Collector and shall not proceed to hear the ori...
(2)When any originating summons for probate or letters of administration with will annexed is filed in the High Court and it appears to the Re...
(3)In any case in which a caveat has been entered before any originating summons for probate or letters of administration has been filed in th...
(4)In any case in which originating summons under the provisions of the Small Estates (Distribution) Act 1955 is referred to the High Court un...
Seksyen 1Section 1
(1)This Order applies to probate causes and matters and the other provisions of these Rules apply to those causes and matters subject to the p...
(2)In these Rules, “probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a dec...
(3)In this Order, “will” includes a codicil. Requirements in connection with issue of writ (O. 72, r. 2)
Seksyen 2Section 2
(1)A probate action shall be begun by writ, and the writ shall be issued out of the Registry. P.U. (A) 205 430
(2)Before a writ beginning a probate action is issued, it must be endorsed with a statement of the nature of the interest of the plaintiff and...
(3)A writ beginning an action for the revocation of the grant of probate of the will, or letters of administration of the estate, of a decease...
Seksyen 3Section 3
(1)Subject to paragraph (2), service out of the jurisdiction of a notice of a writ, by which a probate action is begun is permissible with the...
(2)Order 11, rules 3 and 4 shall apply in relation to an application for the grant of leave under this rule as they apply in relation to an ap...
Seksyen 4Section 4
(1)A person not a party to a probate action may apply to the Court for leave to intervene in a probate action.
(2)An application under this rule must be made by notice of application supported by an affidavit showing the interest of the applicant in the...
(3)An applicant who obtains leave to intervene in a probate action shall not be entitled to be heard in the action unless he enters an appeara...
(4)Where the Court grants leave under this rule, it may give such directions as to the service of pleadings, the filing of an affidavit of tes...
Seksyen 5Section 5
(1)On the application of the plaintiff, or of any other party who has pleaded in a probate action, a citation may be issued against any person...
(2)Where a person on whom a citation under this rule is served fails to enter an appearance in the action, the party on whose application the...
Seksyen 6Section 6
(1)The office for entry of appearance in a probate action is in all cases the Registry and Order 12, in its application to such an action, sha...
(2)Without prejudice to paragraph (1), Order 12, rules 1, 2 and 3 shall apply to the entry of appearance by a person authorized to intervene i...
(a)that person were a defendant; and
(b)the parties to the action (in the case of an intervener) or the party at whose instance the citation was issued (in the case of a person ci...
Seksyen 7Section 7
Seksyen 8Citations (O. 72, r. 8)
(1)A citation under rules 5 and 7 shall be issued out of the Registry and shall be settled by the Court before it is issued.
(2)Before such a citation is issued, an affidavit verifying the statements of fact to be made in the citation must be sworn by the person appl...
(3)The issue of a citation takes place upon its being sealed by an officer of the Registry.
(4)Without prejudice to Order 62, rule 5, a citation under rule 5 or 7 must be served personally on the person cited.
(5)A service out of the jurisdiction of a citation under rule 5 or 7 is permissible but, in the case of a citation under rule 7, only with the...
(6)Order 11, rule 4 shall apply in relation to an application for the grant of leave under paragraph (5) as it applies in relation to an appli...
(7)An order granting leave to serve a citation under rule 7 out of the jurisdiction must limit a time within which the person to be served wit...
(8)Order 11, rules 5, 6 and 8, shall apply in relation to a citation under rule 7 as they apply in relation to notice of a writ. P.U. (A) 205...
Seksyen 9Section 9
(1)Unless the Court otherwise directs, the plaintiff and every defendant who has entered an appearance in a probate action must swear an affid...
(a)describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if...
(b)if any such script of which he has knowledge is not in his possession or under his control, giving the name and address of the person in wh...
(2)An affidavit required by this rule (together with any testamentary script) must be filed within fourteen days after the entry of appearance...
(3)Where any testamentary script required by this rule to be filed or any part thereof is written in pencil, then, unless the Court otherwise...
(4)Except with the leave of the Court, a party to a probate action shall not be allowed to inspect an affidavit filed under this rule by any o...
(5)In this rule, “testamentary script” means a will or draft thereof, written instructions for a will made by or at the request or under the i...
(1)Order 13 shall not apply in relation to a probate action.
(2)Where any of several defendants to a probate action fails to enter an appearance, the plaintiff, upon filing an affidavit proving due servi...
(3)Where the defendant, or all the defendants, to a probate action, fails or fail to enter an appearance, and none of the persons, if any, cit...
(4)Before making an application for the grant of leave under paragraph (3), the plaintiff must file an affidavit proving due service of the wr...
(5)Where the Court grants leave under paragraph (3), it may order the plaintiff to file an affidavit of testamentary scripts under rule 9. Ser...
Seksyen 11Section 11
Seksyen 12Counterclaim (O. 72, r. 12)
Seksyen 13Contents of pleadings (O. 72, r. 13)
(1)Where the plaintiff in a probate action disputes the interest of a defendant he must allege in his statement of claim that he denies the in...
(2)In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is dispu...
(3)Without prejudice to Order 18, rule 7, any party who pleads that at the time when a will, the subject of the action, was alleged to have be...
(a)that the will was not duly executed;
(b)that at the time of the execution of the will the testator was not of sound mind, memory and understanding; and
(c)that the execution of the will was obtained by undue influence or fraud, shall be made by that party unless that other plea is also pleaded...
Seksyen 14Section 14
(1)Order 19 shall not apply in relation to a probate action.
(2)Where any party to a probate action fails to serve on any other party a pleading which he is required by these Rules to serve on that other...
Seksyen 15Section 15
(1)Order 21 shall not apply in relation to a probate action.
(2)At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or of any party to the action who ha...
(3)An application for an order under this rule may be made by notice of application. Compromise of action (O. 72, r. 16)
Seksyen 16Section 16
Seksyen 17(There is no rule 17)
Seksyen 18Application to Court (O. 72, r. 18)
Seksyen 19Form of judgment and orders (O. 72 r. 19)
(1)Every judgment of the Court in a probate cause or matter shall be signed by the Registrar.
(2)Every order made in such a cause or matter shall be entered by an officer of the Registry in a book kept for the purpose. Administration pe...
Seksyen 20Section 20
(1)An application under section 19 of the Probate and Administration Act 1959 for the grant of administration may be made to the Registrar by...
(2)An administrator to whom a grant is made under section 19 of the Act must, at the time when he begins proceedings for taxation of his costs...
(3)Unless the Court otherwise directs, the account shall be referred to the Registrar for examination and the Registrar shall give such direct...
(4)Except where the remuneration of the administrator has been fixed by a Judge, the Registrar shall, on the completion of the examination of...
Seksyen 1Section 1
(1)These Rules apply to civil proceedings to which the Government is a party subject to the following rules of this Order. P.U. (A) 205 438
(2)In this Order— “order” includes a judgment, decree, rule, award or declaration; “civil proceedings by the Government”, “civil proceedings a...
Seksyen 2Section 2
(1)In the case of a writ which begins civil proceedings against the Government the endorsement of claim required by Order 6, rule 2, shall inc...
(2)If in civil proceedings against the Government a defendant considers that the writ does not contain a sufficient statement as required by t...
(3)Where a defendant gives a notice under this rule, the time limited for appearing shall not expire until four days after the defendant has n...
Seksyen 3Section 3
(1)Order 10, Order 11 and any other provision of these Rules relating to service out of the jurisdiction shall not apply in relation to the se...
(2)Personal service of any document required to be served on the Government for the purpose of or in connection with any civil proceedings is...
(a)in the case of proceedings by or against the Federal Government, on the Attorney General or such other officer as may be designated in that...
(b)in the case of proceedings by or against the Government of a State, on the State Secretary of such State.
(3)In relation to the service of any document required to be served on the Government for the purpose of or in connection with any civil proce...
Seksyen 4Section 4
(1)Notwithstanding Order 15, rule 2 and Order 18, rules 17 and 18, a person may not in any proceedings by the Government make any counterclaim...
(2)Notwithstanding Order 15, rule 2 and Order 18, rules 17 and 18, no counterclaim may be made, or set-off pleaded, without the leave of the C...
(a)if the Government is sued or sues in the name of a Government department and the subject matter of the counterclaim or set-off does not rel...
(b)if the Government is sued or sues in the name of the Attorney General.
(3)Any application for leave under this rule must be made by a notice of application. Summary judgment (O. 73, r. 5)
Seksyen 5Section 5
(1)An application against the Government shall not be made under Order 14, rule 1 or Order 81, rule 1 in any proceedings against the Governmen...
(2)Where an application is made by the Government under Order 14, rule 1, Order 14, rule 5 or Order 81, rule 1, the affidavit required in supp...
(a)the solicitor acting for the Government; or P.U. (A) 205 441
(b)an officer duly authorized by the solicitor so acting or by the department concerned, and the affidavit shall be sufficient if it states th...
Seksyen 6Section 6
(1)This rule applies to applications under section 19 of the Government Proceedings Act 1956.
(2)An application to which this rule applies must be made by originating summons.
(3)The person from whom any account or information or payment is claimed or by whom any books are required to be produced must be made defenda...
(4)An originating summons under this rule—
(a)must be intituled in the matter or matters out of which the need for the application arises and in the matter of the Government Proceedings...
(b)must refer to the written law under which the account or information or payment or the production of books is claimed and, where informatio...
(5)Upon an application to which this rule applies an affidavit by a duly authorized officer of the Government department concerned setting out...
(6)An order in favour of the Government on an application to which this rule applies shall, unless the Court otherwise determines, name a time...
(7)Nothing in this rule shall, in relation to any case in which the only relief claimed by the Government is the payment of money, be construe...
Seksyen 7Section 7
(1)Except with the leave of the Court, no judgment in default of appearance or of pleading shall be entered against the Government in civil pr...
(2)Except with the leave of the Court, Order 16, rule 5(1)(a) shall not apply in the case of third party proceedings against the Government.
(3)An application for leave under this rule must be made by notice of application, and the notice of application must be served not less than...
Seksyen 8Section 8
(1)Notwithstanding anything in Order 16, a third party notice, including a notice issuable in accordance with Order 16, rule 9, for service on...
(2)Leave to issue such a notice for service on the Government shall not be granted unless the Court is satisfied that the Government is in pos...
Seksyen 9Section 9
Seksyen 9AInterim orders against the Government (O. 73, r. 9A)
Seksyen 10Discovery and interrogatories (O. 73, r. 10)
(1)(There is no paragraph (1))
(2)In any civil proceedings to which the Government is a party any order of the Court made under the powers conferred by subsection 36(1) of t...
(3)Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the G...
(4)Where in any such proceedings an order is made under section 36 of the Government Proceedings Act 1956 for interrogatories to be answered b...
(5)In any proceedings by the Government for the enforcement of any right for the enforcement of which proceedings by way of information might...
Seksyen 11For the avoidance of doubt it is declared that any powers exercisable by the
Seksyen 12Execution and satisfaction of orders (O. 73, r. 12)
(1)Nothing in Orders 45 to 52 shall apply in respect of any order against the Government.
(2)An application under the proviso to subsection (1) of section 33 of the Government Proceedings Act 1956, for a direction that a separate ce...
(3)Any such certificate must be in Form 170. Attachment of debts (O. 73, r. 13)
Seksyen 13Section 13
(1)An order—
(a)for the attachment of debts under Order 49; or
(b)for the appointment of a receiver under Order 30 or 51, P.U. (A) 205 445 shall not be made or have effect in respect of any money due or ac...
(2)Every application to the Court for an order under subsection 35(1) of the Government Proceedings Act 1956, restraining any person from rece...
(3)Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person...
Seksyen 14Section 14
(1)Every application to the Court under subsections 21(2), 22(2) and section 27 of the Government Proceedings Act 1956 may be made by a notice...
(2)An application such as is referred to in subsection 37(2) of the Government Proceedings Act 1956 may be made to the Court at any time befor...
Seksyen 1Section 1
(1)These Rules apply to proceedings under the Debtors Act 1957 subject to the following rules of this Order and the rules under Order 48 as ma...
(2)In this Order— “the Act” means the Debtors Act 1957; “judgment” includes any order for the payment of money. Arrest of judgment debtor Appl...
Seksyen 2Section 2
Seksyen 3Form of order of arrest (O. 74, r. 3)
Seksyen 4Conveyance and subsistence money (O. 74, r. 4)
(1)Before any arrest is made under section 6 of the Act, the judgment creditor shall, unless the Registrar otherwise orders, deposit in the Re...
(2)Before an order of commitment made under the Act is executed, the judgment creditor shall deposit in the Registry a sufficient sum of money...
(3)Order 46, rules 12 and 13 shall apply with the necessary modifications to the sums of money deposited under this rule. Arrest or attachment...
Seksyen 5Section 5
(1)An application under section 15 or 19 of the Act shall be made ex parte by notice of application supported by an affidavit to a Judge in Ch...
(2)An affidavit under paragraph (1) and any order made thereon, shall be served on the defendant as soon as possible. Endorsement and form of...
Seksyen 6Section 6
(1)An order of arrest or attachment of property before judgment shall state the amount of claim and costs in respect of which it is issued and...
(2)An order under paragraph (1) shall be in one of the forms in Form 173. Plaintiff to provide defendant’s subsistence (O. 74, r. 7)
Seksyen 7Section 7
Seksyen 8Mode of seizure before judgment (O. 74, r. 8)
Seksyen 9Deposit against cost of attachment (O. 74, r. 9)
(1)Before any order of attachment of property is executed, the plaintiff shall deposit in the Registry a sufficient sum of money to defray the...
(2)Order 46, rules 12 and 13 shall apply with the necessary modification to the sums of money deposited under this rule. Release on payment of...
Seksyen 10Section 10
Seksyen 11Claims by third party (O. 74, r. 11)
Seksyen 11ARequest for judgment debtor summons (O. 74, r. 11A)
Seksyen 11BWhere two or more judgment debtors (O. 74, r. 11B)
(2)Where the person entitled to enforce such judgment or order desires to issue a judgment debtor summons against any other person, he shall a...
(3)Where an order is made under paragraph (2), a copy of the affidavit shall be served with the judgment debtor summons.
(4)If the person alleged to be liable does not appear on the day fixed for the hearing of the judgment debtor summons, he shall be deemed to a...
(2)Unless the Court otherwise orders, a judgment debtor summons shall be served personally on the person summoned at least seven days before t...
Seksyen 12Section 12
Seksyen 13Judgment notice (O. 74, r. 13)
Seksyen 14Hearing of judgment notice (O. 74, r. 14)
(1)On the hearing of a judgment notice the Court may make an order of commitment to vary the instalment order as it thinks just.
(2)If an order of commitment is made, the Court may direct the execution of such order to be suspended to enable the debtor to pay the amount...
Seksyen 15Section 15
Seksyen 16Payment by debtor (O. 74, r. 16)
Seksyen 17Certificate of satisfaction (O. 74, r. 17)
(1)Where any judgment debt, in respect of which a debtor is imprisoned under the Act is satisfied by payment or otherwise, the judgment credit...
(2)If the judgment creditor makes default in lodging such certificate as aforesaid, the debtor, or any person on his behalf, may apply to the...
(3)An order under this rule shall be in Form 182. Miscellaneous Security, how given (O. 74, r. 18)
Seksyen 18Section 18
(1)Where an order is made requiring a defendant to give security under the Act, the security shall be given in such manner, at such time, and...
(2)When security has been given as ordered, the defendant, if he is in custody shall be released. Discharge of surety (O. 74, r. 19)
Seksyen 19Section 19
Seksyen 20Control of the Court (O. 74, r. 20)
Seksyen 21Where at the hearing of any proceedings under the Act the debtor satisfies the
Seksyen 22Section 22
Seksyen 23Costs (O. 74, r. 23)
Seksyen 1Section 1
(1)These Rules apply to proceedings under the Distress Act 1951 subject to the following rules of this Order.
(2)In this Order— “Act” means the Distress Act 1951; “landlord” and “tenant” have the respective meanings assigned to them by section 2 of the...
Seksyen 2Section 2
(1)Every application for a writ of distress shall be made ex parte by originating summons supported by affidavit in Form 184. P.U. (A) 205 453
(2)Where the application is made by a duly authorized agent of the landlord, he shall produce his written authority in Form 185. Writ of distr...
Seksyen 3Section 3
Seksyen 4Notice of seizure (O. 75, r. 4)
Seksyen 5Applications under section 10 or 16 (O. 75, r. 5)
(1)An application under section 10 or 16 of the Act for the discharge or suspension of the writ or for the release of any part of the property...
(2)A copy of the application and the affidavit shall be served on the landlord or his agent, as the case may be, before the hearing thereof. S...
Seksyen 6Section 6
Seksyen 7Return of property unsold (O. 75, r. 7)
(1)As soon as the amount recoverable under the writ of distress has been realized by the sale of any of the movable property seized, the balan...
(2)The amount recoverable under the writ shall for the purposes of this rule be deemed to include the rent in respect of which the writ was is...
Seksyen 8Section 8
(1)In such cases as are provided for in section 20 of the Act, the Sheriff shall, unless he is already in possession under a writ of execution...
(2)An application under subsection 20(3) of the Act to discharge or suspend the writ of distress shall be made within the time and in the mann...
Seksyen 9Section 9
Seksyen 10Application under subsection 21(1) (O. 75, r. 10)
(1)An application by the Sheriff under subsection 21(1) of the Act shall be supported by affidavit of a person having knowledge of the facts s...
(2)An authority to the Sheriff under this section shall be in Form 187. Application under subsection 22(2) (O. 75, r. 11)
Seksyen 11Section 11
Seksyen 12Address for service (O. 75, r. 12)
Seksyen 13Suspension of execution of writ (O. 75, r. 13)
Seksyen 14Costs (O. 75, r. 14)
Seksyen 1In this Order—
(1)The jurisdiction of the High Court to grant leave pursuant to the Mental Health Act 2001 to bring proceedings against a person may be exerc...
(2)The application shall be supported by an affidavit setting out the grounds on which such leave is sought and any facts necessary to substan...
Seksyen 2Section 2
(1)A person under disability may not bring, make a claim in, defend, make a counterclaim in, or intervene in any proceedings, or appear in any...
(2)Subject to the provisions of these Rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provisio...
Seksyen 3Section 3
(1)This rule shall not apply in relation to a probate action.
(2)Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a litigation representative of a person under disability is no...
(3)Where a person is authorized under the Act to conduct legal proceedings in the name of a patient or on his behalf, that person shall be ent...
(4)Where a person has been or is a litigation representative of a person under disability in any proceedings, no other person shall be entitle...
(5)Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application shall be made to the Court for t...
(6)Except where the litigation representative of a person under disability has been appointed by the Court—
(a)the name of any person shall not be used in a cause or matter as litigation representative of a person under disability;
(b)an appearance shall not be entered in a cause or matter for a person under disability; and
(c)a person under disability shall not be entitled to appear by his litigation representative on the hearing of an originating summons which h...
(7)The documents referred to in paragraph (6) are the following:
(a)a written consent in Form 188 to be litigation representative, of the person under disability in the cause or matter in question given by t...
(b)where a person proposing to be such litigation representative of the person under disability, being a patient, is authorized under the Act...
(c)except where the person proposing to be such litigation representative of the person under disability, being the patient, is authorized as...
(i)that he knows or believes, as the case may be, that the person to whom the certificate relates is a minor or a patient, giving (in the case...
(ii)where the person under disability is a patient, that there is no person authorized as aforesaid; and
(iii)that the person so named has no interest in the cause or matter in question adverse to that of the person under disability. Probate action,...
Seksyen 4Section 4
(1)This rule applies in relation to a probate action to which a person under disability is a party or in which he intervenes or is cited under...
(2)Where the person under disability is a patient and a person is authorized under the Act to conduct legal proceedings in the name of the pat...
(3)Where the person under disability is a minor who is not a patient and he has a statutory guardian or testamentary guardian who is qualified...
(4)Where the person under disability is a minor who has attained the age of sixteen years and is not a patient, and there is no person qualifi...
(5)Where a minor appoints a person under paragraph (4) to be his litigation representative in a probate action, the person so appointed may be...
(6)Where there is no person qualified in accordance with paragraph (2) or
(3), as the case may be, to be the litigation representative of a person under disability in a probate action and that person is either not en...
(7)An application under paragraph (6) for the appointment of a litigation representative of a person under disability may be made ex parte by...
(a)that there is no person entitled to be such litigation representative in accordance with paragraph (2) or (3), or appointed as such under p...
(b)if such be the case, that the person proposed as litigation representative is a next–of– kin of the person under disability; and
(c)that the person proposed as litigation representative is willing and a proper person to act as such and has no interest in the action adver...
(8)A person is qualified to be litigation representative of a person under disability if he is competent and willing to act as such and has no...
Seksyen 5Section 5
(1)Where a party to a probate action is a person under disability, then, unless the litigation representative of that person has been appointe...
(2)On the making of an application for a consent under paragraph (1) in relation to a minor who is not a patient, there shall be produced to t...
(a)where the litigation representative of the minor is his statutory guardian or testamentary guardian, an affidavit deposing to the guardians...
(b)where the litigation representative of the minor is a person appointed under rule 4(4)—
(i)the appointment; and P.U. (A) 205 461
(ii)a written consent to act as litigation representative given by the person so appointed; and
(iii)an affidavit deposing to the age of the minor and containing the evidence which would be required by rule 4(7), to be contained in an affid...
(3)On the making of an application for consent under paragraph (1) in relation to a patient, there shall be produced to the Registrar an offic...
Seksyen 6Section 6
(1)Where—
(a)in an action against a person under disability begun by originating summons, no appearance is entered for that person; or
(b)the defendant to an action serves a defence and counterclaim on a person under disability who is not already a party to the action and no a...
(2)Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the...
(3)Where in any proceedings against a person under disability that person does not appear by a litigation representative at the hearing of the...
(4)At any stage in the proceedings under any judgment or order, notice of which has been served on a person under disability, the Court may, i...
(5)An application under paragraph (1) or (2) shall be supported by evidence proving—
(a)that the person to whom the application relates is a person under disability;
(b)that the person proposed as litigation representative is willing and a proper person to act as such and has no interest in the proceedings...
(c)that the originating summons, defence and counterclaim or third party notice, as the case may be, was duly served on the person under disab...
(d)subject to paragraph (6), that notice of the application was, after the expiration of the time limited for appearing and at least seven day...
(6)If the Court so directs, notice of an application under paragraph (1) or (2) need not be served on a person under disability.
(7)An application for the appointment of a litigation representative made in compliance with a direction of the Court given under paragraph (3...
Seksyen 7Section 7
(a)if a litigation representative is acting for that person in the cause or matter in which the order is made, within fourteen days after the...
(b)if there is no litigation representative acting for that person in that cause or matter, within fourteen days after the appointment of such...
Seksyen 8Section 8
Seksyen 9Discovery and interrogatories (O. 76, r. 9)
Seksyen 10Compromise by person under disability (O. 76, r. 10)
Seksyen 11Approval of settlement (O. 76, r. 11)
(1)Where, before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction...
(a)the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary o...
(b)alternatively, directions as to the further prosecution of the claim.
(2)Where in proceedings under this rule a claim is made under section 7 of the Civil Law Act 1956, the originating summons shall include the p...
(3)In this rule, “settlement” includes a compromise. Control of money recovered by person under disability (O. 76, r. 12)
Seksyen 12Section 12
(1)Where in any proceedings—
(a)money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of, a person under disability; or...
(b)money paid into Court is accepted by or on behalf of a plaintiff who is a person under disability, the money shall be dealt with in accorda...
(2)Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into Court and invested or...
(3)Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any general or special directions...
(4)Where, in pursuance of directions given under this rule money is paid into Court to be invested or otherwise dealt with, the money, includi...
(5)Paragraphs (1) to (4) shall apply in relation to a counterclaim by or on behalf of a person under disability, and a claim made by or on beh...
Seksyen 14Section 14
(1)Where in any proceedings a document is required to be served personally on any person and that person is a person under disability this rul...
(2)Subject to the following provisions of this rule and to Order 26, rule 7(3), the document shall be served—
(a)in the case of a minor who is not also a patient on his father or guardian or, if he has no father or guardian, on the person with whom he...
(b)in the case of a patient, on the person, if any, who is authorized under the Act to conduct in the name of the patient or on his behalf the...
(3)Notwithstanding anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the person under disa...
(4)A judgment or order requiring a person to do, or refrain from doing, any act, a notice of application or originating summons for the commit...
Seksyen 1Section 1
Seksyen 2Disclosure of partners’ names (O. 77, r. 2)
(1)Any defendant to an action brought by partners in the name of a firm may serve on the plaintiffs or their solicitor a notice requiring them...
(2)When the names of the partners have been declared in compliance with a notice or an order given or made under paragraph (1), the proceeding...
(3)Paragraph (1) shall have effect in relation to an action brought against partners in the name of a firm as it has effect in relation to an...
Seksyen 3Section 3
(1)Where in accordance with rule 1 partners are sued in the name of a firm, the writ may, except in the case mentioned in paragraph (2), be se...
(a)on any one or more of the partners; or
(b)at the principal place of business of the partnership within the jurisdiction, on any person having at the time of service the control or m...
(2)Where a partnership has, to the knowledge of the plaintiff, been dissolved before an action against the firm is begun, the writ by which th...
(3)Every person on whom an writ is served under paragraph (1) must at the time of service, be given a written notice in Form 191 stating wheth...
Seksyen 4Section 4
(1)Where persons are sued as partners in the name of their firm, appearance may not be entered in the name of the firm but only by the partner...
(2)Where in an action against a firm the writ by which the action is begun is served on a person as a partner, that person, if he denies that...
(3)Where an appearance has been entered for a defendant in accordance with paragraph (2)—
(a)the plaintiff may either apply to the Court to set it aside on the ground that the defendant was a partner or liable as such at a material...
(b)the defendant may either apply to the Court to set aside the service of the writ on him on the ground that he was not a partner or liable a...
(4)The Court may at any stage of the proceedings in an action in which a defendant has entered an appearance in accordance with paragraph (2),...
(5)Where in an action against a firm the writ by which the action is begun is served on a person as a person having the control or management...
Seksyen 5Section 5
(1)Where a judgment is given or an order is made against a firm, execution to enforce the judgment or order may, subject to rule 6, issue agai...
(2)Where a judgment is given or an order is made against a firm, execution to enforce the judgment or order may, subject to rule 6 and to the...
(a)entered an appearance in the action as a partner;
(b)having been served as a partner with the writ, failed to enter an appearance in the action;
(c)admitted in his pleading that he is a partner; or
(d)was adjudged to be a partner.
(3)Execution to enforce a judgment or an order given or made against a firm may not issue against a member of the firm who was out of the juri...
(a)entered an appearance in the action as a partner;
(b)was served within the jurisdiction with the writ as a partner; or
(c)was, with the leave of the Court given under Order 11, served out of the jurisdiction with the notice of the writ, as a partner, P.U. (A) 2...
(4)Where a party who has obtained a judgment or an order against a firm claims that a person is liable to satisfy the judgment or order as bei...
(5)Where the person against whom an application under paragraph (4) is made does not dispute his liability, the Court hearing the application...
Seksyen 6Section 6
(1)Execution to enforce a judgment or an order given or made in—
(a)an action by or against a firm in the name of the firm, against or by a member of the firm; or
(b)an action by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common, sh...
(2)The Court hearing an application under this rule may give such directions including directions as to the taking of accounts and the making...
Seksyen 7Section 7
(1)An order may be made under Order 49, rule 1 in relation to debts due or accruing due from a firm carrying on business within the jurisdicti...
(2)An order to show cause under rule 1 relating to such debts as aforesaid must be served on a member of the firm within the jurisdiction or o...
(3)Where an order made under rule 1 requires a firm to appear before the Court, an appearance by a member of the firm shall constitute a suffi...
Seksyen 8Section 8
Seksyen 9Application to person carrying on business in another name (O. 77, r. 9)
Seksyen 10Section 10
(1)Every application to the Court by a judgment creditor of a partner of an order under section 25 of the Partnership Act 1961 [Act 135] (whic...
(2)The Registrar may exercise the powers conferred on a Judge under section 25 of the Partnership Act 1961.
(3)Every notice of application issued by a judgment creditor under this rule and every order made on such notice of application, must be serve...
(4)Every notice of application issued by a partner of a judgment debtor under this rule and every order made on such notice of application, mu...
(a)on the judgment creditor;
(b)on the judgment debtor; and
(c)on such of the other partners of the judgment debtor who do not join in the application and are within the jurisdiction.
(5)A notice of application or an order served in accordance with this rule on some of the partners of a partnership shall be deemed to have be...
Seksyen 1Section 1
Seksyen 2(There is no rule 2)
Seksyen 3Obligations to give particulars (O. 78, r. 3)
(1)Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other...
(2)Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, the...
(3)Where in an action for libel or slander the plaintiff alleges that the defendant maliciously published the words or matters complained of,...
(4)This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the...
Seksyen 4Section 4
(1)Where in an action for libel or slander against several defendants sued jointly the plaintiff, in accordance with Order 22B, accepts any of...
(a)the sum recoverable under any judgment given in the plaintiff’s favour against any other defendant in the action by way of damages shall no...
(b)the plaintiff shall not be entitled to his costs of the action against the other defendant after the date of the payment into Court unless...
(2)Where in an action for libel a party pleads the defence for which subsection 10(2) of the Defamation Act 1957 [Act 286] provides, Order 22B...
Seksyen 5Section 5
(1)Where a party accepts an offer of settlement or offer of contribution in satisfaction of a cause of action for libel or slander, the plaint...
(2)Where a party to an action for libel or slander which is settled before trial desires to make a statement in open Court, an application sha...
Seksyen 6Section 6
Seksyen 7Evidence in mitigation of damages (O. 78, r. 7)
Seksyen 8Section 8
(1)An application to the Court under section 7 of the Defamation Act 1957 to determine any question as to the steps to be taken in fulfilment...
(2)(There is no paragraph (2)) ORDER 79 MONEYLENDERS’ ACTIONS Application and interpretation (O. 79, r. 1)
Seksyen 1Section 1
(1)These rules apply to a moneylender’s action subject to the following rules of this Order. P.U. (A) 205 477
(2)In these rules— “moneylender” has the meaning assigned to it under section 2 of the Moneylenders Act 1951 [Act 400]; “moneylender’s action”...
Seksyen 2Section 2
Seksyen 3Particulars to be included in statement of claim (O. 79, r. 3)
(a)the date on which the loan was made;
(b)the amount actually lent to the borrower;
(c)the rate per cent per annum of interest charged;
(d)the date when the contract for repayment was made;
(e)the fact that a note or memorandum of the contract was made and was signed by the borrower;
(f)the date when a copy of the note or memorandum was delivered or sent to the borrower;
(g)the amount repaid; P.U. (A) 205 478
(h)the amount due but unpaid;
(i)the date upon which such unpaid sum or sums became due;
(j)the amount of interest accrued due and unpaid on every such sum; and
(k)the form in which the money was lent. Judgment in default of appearance or defence (O. 79, r. 4)
Seksyen 4Section 4
(1)In a moneylender’s action, judgment in default of appearance or in default of defence shall not be entered except with the leave of the Cou...
(2)An application for the grant of leave under this rule shall be made by notice of application, and the notice of application shall, notwiths...
(3)If the application is for leave to enter judgment in default of appearance, the notice of application shall not be issued until after the t...
(4)On the hearing of such an application, whether the defendant appears or not, the Court—
(a)may exercise the powers of the Court under subsection 21(2) of the Moneylenders Act 1951;
(b)where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or give any such order or direction as...
Seksyen 5(There is no rule 5)
Seksyen 1Section 1
Seksyen 2Determination of questions without administration (O. 80, r. 2)
(1)An action may be brought for the determination of any question or for any relief which could be determined or granted, as the case may be,...
(2)Without prejudice to the generality of paragraph (1), an action may be brought for the determination of any of the following questions:
(a)any question arising in the administration of the estate of a deceased person or in the execution of a trust;
(b)any question as to the composition of any class of persons having a claim against the estate of a deceased person or a beneficial interest...
(c)any question as to the rights or interests of a person claiming to be a creditor of the estate of a deceased person or to be entitled under...
(3)Without prejudice to the generality of paragraph (1), an action may be brought for any of the following reliefs: P.U. (A) 205 480
(a)an order requiring an executor, administrator or trustee to furnish and, if necessary, verify accounts;
(b)an order requiring the payment into Court of money held by a person in his capacity as executor, administrator or trustee;
(c)an order directing a person to do or abstain from doing a particular act in his capacity as executor, administrator or trustee;
(d)an order approving any sale, purchase, compromise or other transaction by a person in his capacity as executor, administrator or trustee;
(e)an order directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust which the Cou...
Seksyen 3Section 3
(1)All the executors or administrators of the estate or trustees of the trust, as the case may be, to which an administration or such an actio...
(2)Notwithstanding anything in Order 15, rule 4(2) and without prejudice to the powers of the Court under that Order, all the persons having a...
(3)Where, in proceedings under a judgment or order given or made in an action for the administration under the direction of the Court of the e...
Seksyen 4Section 4
Seksyen 5Judgments or orders in administration actions (O. 80, r. 5)
(1)A judgment or order for the administration or execution under the direction of the Court of an estate or trust need not be given or made un...
(2)Where an administration action is brought by a creditor of the estate of a deceased person or by a person claiming to be entitled under a w...
(a)order that proceedings in the action be stayed for a period specified in the order and that the executors, administrators, or P.U. (A) 205...
(b)if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled as aforesaid, give judgment or make an o...
Seksyen 6Section 6
Seksyen 1Section 1
(1)In an action begun by writ endorsed with a claim—
(a)for specific performance of an agreement (whether in writing or not) for the sale, purchase or exchange of any property, or for the grant o...
(b)for rescission of such an agreement; or
(c)for the forfeiture or return of any deposit made under such an agreement, P.U. (A) 205 483 the plaintiff may, on the ground that the defend...
(2)An application may be made against a defendant under this rule whether or not he has entered an appearance in the action. Manner in which a...
Seksyen 2Section 2
(1)An application under rule 1 shall be made by notice of application supported by an affidavit made by some person who can swear positively t...
(2)The notice of application shall set out or have attached thereto minutes of the judgment sought by the plaintiff.
(3)The notice of application, a copy of the affidavit in support and of any exhibit referred to therein shall be served on the defendant withi...
Seksyen 3Section 3
Seksyen 4Leave to defend (O. 81, r. 4)
(1)A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court. P.U. (A) 205 484
(2)The Court may give a defendant against whom such an application is made leave to defend the action either unconditionally or on such terms...
(3)On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any direc...
(a)to produce any document;
(b)if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on...
Seksyen 5Where the Court orders that a defendant have leave to defend the action, the
Seksyen 6Costs (O. 81, r. 6)
Seksyen 7Setting aside judgment (O. 81, r. 7)
Seksyen 1Section 1
Seksyen 2Registration of transfers (O. 82, r. 2)
(1)Where a receiver is required by rule 1 to keep a receiver’s register, then, on the application of any person entitled to any debentures or...
(2)Before registering a transfer the receiver shall, unless the due execution of the transfer is proved by affidavit, send by post to the regi...
(a)that an application for the registration of the transfer has been made; and
(b)that the transfer will be registered unless within the period specified in the notice the holder informs the receiver that he objects to th...
(3)On registering a transfer or other transmission of title under this rule the receiver shall endorse a memorandum thereof on the debenture o...
Seksyen 3Section 3
(1)Any person aggrieved by anything done or omission made by a receiver under rule 2 may apply to the Court for rectification of the receiver’...
(2)The notice of application shall in the first instance be served only on the plaintiff or other party having the conduct of the action but t...
(3)The Court hearing an application under this rule may decide any question relating to the title of any person who is party to the applicatio...
Seksyen 4Section 4
Seksyen 5Proof of title of holder of bearer debenture (O. 82, r. 5)
(1)This rule applies in relation to an action to enforce bearer debentures or to enforce debenture stock in respect of which the company has i...
(2)Notwithstanding that judgment has been given in the action and that a certificate has been made therein certifying the holders of such debe...
(3)Where such a debenture or certificate as is referred to in paragraph (1) is produced in the chambers of the Judge, the solicitor of the pla...
(a)that the person whose name and address is specified in the notice (being the person named as the holder of the debenture or certificate in...
(b)that that person will, on producing the debenture or debenture stock certificate, as the case may be, be entitled to receive payment of any...
(c)that if a new holder neglects to prove his title as aforesaid he may incur additional delay, trouble and expense in obtaining payment. P.U....
(4)The solicitor of the plaintiff in the action shall preserve any certificate of identification produced under paragraph (2) and shall keep a...
Seksyen 6Section 6
(1)Where in an action to enforce any debenture or debenture stock an order is made for payment in respect of the debenture or stock, the Accou...
(2)For the purpose of obtaining any such payment, the debenture or debenture stock certificate shall be produced to the solicitor of the plain...
Seksyen 1Section 1
(1)This Order applies to any action (whether begun by writ or originating summons) by a chargee or chargor or by any person having the right t...
(a)payment of moneys secured by the charge; P.U. (A) 205 489
(b)sale of the charged property;
(c)foreclosure;
(d)delivery of possession (whether before or after foreclosure or without foreclosure) to the chargee by the chargor or by any other person wh...
(e)redemption;
(f)reconveyance of the property or its release from the security;
(g)delivery of possession by the chargee. Claims for delivery of possession or payments of moneys (O. 83, r. 2)
Seksyen 2Section 2
(2)Not less than four clear days before the day fixed for the first hearing of the originating summons the plaintiff shall serve on the defend...
Seksyen 3Section 3
(1)The affidavit in support of the originating summons by which an action to which this rule applies is begun shall comply with the following...
Seksyen 4Section 4
Seksyen 5Foreclosure in redemption action (O. 83, r. 5)
Seksyen 1Section 1
Seksyen 2Defendants to summons (O. 84, r. 2)
(1)Where the infant with respect to whom an application under the Act is made is not the plaintiff, he shall not, unless the Court otherwise d...
(2)The Court may dispense with service of the summons or notice of application on any person and may order it to be served on any person not o...
Seksyen 3Section 3
(1)An application as to the guardianship, maintenance or advancement of infants may be disposed of in Chambers. P.U. (A) 205 493
(2)A guardian’s account must be verified and passed in the same manner as that provided by Order 30 in relation to a receiver’s account or in...
Seksyen 1Section 1
(1)Every application to the Court under section 15 of the Bills of Sale Act 1950 [Act 268], which is referred to as “the Act” in this Order, f...
(a)that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by the Act be rectified by exten...
(b)that any omission or misstatement of the name, residence or occupation of any person be rectified by the insertion in the register of his t...
(2)Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill...
Seksyen 2Section 2
(1)Every application under section 16 of the Act to the Registrar for an order that a memorandum of satisfaction be written on a registered co...
(a)if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made by ex parte orig...
(b)in all other cases, be made by inter partes originating summons.
(2)An ex parte application under subparagraph (1)(a) shall be supported by—
(a)particulars of the consent referred to in that paragraph; and
(b)an affidavit by a witness who attested the consent verifying the signature on it.
(3)An originating summons under subparagraph (1)(b) shall be served on the person entitled to the benefit of the bill of sale, and shall be su...
Seksyen 3(There is no rule 3)
Seksyen 4Search of register (O. 85, r. 4)
Seksyen 1Section 1
Seksyen 2An application under the proviso to section 11, 33, 41 or 42 of the Hire-Purchase
Seksyen 3Particulars to be provided (O. 85A, r. 3)
(a)the date of the agreement and the parties thereto;
(b)the goods let under the agreement;
(c)the amount of the hire-purchase price;
(d)the amount paid by or on behalf of the hirer;
(e)the amount, if any, claimed as being due and unpaid in respect of any installment of the hire-purchase price;
(f)the amount of any other claim and the circumstances in which it arises. ORDER 86 INHERITANCE (FAMILY PROVISION) ACT 1971 Interpretation (O....
Seksyen 1In this Order, “the Act” means the Inheritance (Family Provision) Act 1971
Seksyen 2Powers of Courts as to parties (O. 86, r. 2)
(1)Without prejudice to its powers under Order 15, the Court may at any stage of proceedings under the Act by order direct that any person be...
(2)Order 15, rule 13 shall apply to proceedings under the Act as it applies to the proceedings mentioned in paragraph (1) of that rule. P.U. (...
Seksyen 3Section 3
Seksyen 4Disposal of application in Chambers (O. 86, r. 4)
Seksyen 5Applications in proceedings under section 3 of the Act (O. 86, r. 5)
Seksyen 6Endorsement of memorandum on probate (O. 86, r. 6)
(1)The personal representatives of the deceased to whose estate an application under section 3 or 6 of the Act relates shall produce in Court...
(2)The memorandum of the order required by subsection 5(3) of the Act to be endorsed or annexed as therein mentioned shall set out the title o...
Seksyen 1Section 1
Seksyen 2Orders of Director General of Labour (O. 86A, r. 2)
Seksyen 3Certificate of order (O. 86A, r. 3)
(1)The certificate of order shall state—
(a)the number and title of the case in which the order was made;
(b)the date of the order;
(c)the name, occupation and address of every person ordered to pay any sum of money;
(d)the amount ordered to be paid by such person;
(e)the name, occupation and address of every person to whom any sum is ordered to be paid and the amount to be paid to each such person;
(f)any other material terms or conditions of the order; and P.U. (A) 205 498
(g)the extent to which the order has been satisfied and the balance remaining due thereunder.
(2)Where the persons are numerous, the particulars referred to in paragraph (1) may be set out in a schedule attached to the certificate.
(3)Where the order is that the amount is to be paid to the Director General for distribution among the persons, it shall be sufficient to stat...
(4)The certificate shall be sealed with the seal of the Director General and it shall be dated and signed by him. Registration of certificate...
Seksyen 4Section 4
(1)On receipt of the certificate, the Registrar shall record it in a register in Form 193 and assign it with a serial number.
(2)The Registrar shall make a memorandum of the registration on the certificate and it shall be filed. Registered order enforceable as judgmen...
Seksyen 5Section 5
Seksyen 6Title of proceedings (O. 86A, r. 6)
Seksyen 7Payment of sums recovered (O. 86A, r. 7)
Seksyen 1In this Order—
Seksyen 2Application by originating summons (O. 87, r. 2)
Seksyen 3Appeals by originating summons (O. 87, r. 3)
Seksyen 4Service of application on parties and Registrar (O. 87, r. 4)
Seksyen 5Time for application (O. 87, r. 5)
Seksyen 6Notice of intention to withdraw application (O. 87, r. 6)
Seksyen 7Counterclaim for rectification of register (O. 87, r. 7)
Seksyen 8Extension of time (O. 87, r. 8)
Seksyen 9Section 9
(1)Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against...
(2)A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a regi...
(3)A party to any such proceedings who counterclaims for an order that the register of trade marks be rectified shall serve on the Registrar a...
Seksyen 1Section 1
Seksyen 2Proceedings (O. 88, r. 2)
Seksyen 3(There is no rule 3)
Seksyen 4(There is no rule 4)
Seksyen 5(There is no rule 5)
Seksyen 6(There is no rule 6)
Seksyen 7Summons for directions (O. 88, r. 7)
(1)(There is no paragraph (1))
(2)(There is no paragraph (2))
(3)(There is no paragraph (3)) P.U. (A) 205 502
(4)Where an application is to confirm a reduction of the share capital, the share premium account, or the capital redemption reserve fund, of...
(a)for an inquiry to be made as to the debts of, and claims against, the company or as to any class or classes of such debts or claims;
(b)as to the proceedings to be taken for settling the list of creditors entitled to object to the reduction and fixing the date by reference t...
(5)Rules 8 to 13 shall have effect subject to any directions given by the Court under this rule. Inquiry as to debts: Company to make list of...
Seksyen 8Section 8
(1)Where under rule 7 the Court orders such an inquiry as is mentioned in paragraph (4) thereof, the company in question shall, within seven d...
(a)the name and address of every creditor entitled to any debt or claim to which the inquiry extends;
(b)the amount due to each creditor in respect of such debt or claim, or in the case of a debt or claim which is subject to any contingency or...
(c)the total of those amounts and values. P.U. (A) 205 503
(2)The deponent shall state in the affidavit his belief that at the date fixed by the Court as the date by reference to which the list is to b...
(3)The list shall be left at the Registry not later than one day after the affidavit is filed. Inspection of list of creditors (O. 88, r. 9)
Seksyen 9Section 9
(1)Copies of the list made under rule 8 with the omission, unless the Court otherwise directs, of the amount due to each creditor and the esti...
(2)Any person shall be entitled during ordinary business hours, on payment of a fee of fifty ringgit, to inspect the list at any such office a...
Seksyen 10Section 10
(a)the amount of the reduction sought to be confirmed;
(b)the effect of the order directing an inquiry as to debts and claims;
(c)the amount or value specified in the list as due or estimated to be due to that creditor; and P.U. (A) 205 504
(d)the time fixed by the Court within which, if he claims to be entitled to a larger amount, he shall send particulars of his debt or claim an...
Seksyen 11Section 11
(a)the date of presentation of the summons and the amount of the reduction thereby sought to be confirmed;
(b)the inquiry ordered by the Court under rule 7;
(c)the places where the list of creditors may be inspected in accordance with rule 9; and
(d)the time within which any creditor not named in the list who claims to be entitled to any debt or claim to which the inquiry extends shall...
Seksyen 12Section 12
(a)proving service of the notices mentioned in rule 10 and advertisement of the notice mentioned in rule 11;
(b)verifying a list containing the names and addresses of the persons, if any, who in pursuance of such notices sent in particulars of debts o...
(c)distinguishing in such list those debts or claims which are wholly, or as to any and what part thereof, admitted by the company, disputed b...
(d)stating which of the persons named in the list made under rule 8, and which of the persons named in the list made under this rule, have bee...
Seksyen 13Section 13
(a)within such time as may be specified in the notice, being not less than four clear days after service thereof, to file an affidavit proving...
(b)to attend the adjudication of his debt or claim at the place and time specified in the notice, being the time appointed by the Court for th...
Seksyen 14Section 14
(a)specify the debts or claims, if any, disallowed by the Court; P.U. (A) 205 506
(b)distinguish the debts or claims, if any, the full amount of which is admitted by the company, the debts or claims, if any, the full amount...
(c)specify the total amount of the debts or claims payment of which has been secured by appropriation under subsection 64(2) of the Act;
(d)show which creditors consent to the reduction and the total amount of their debts or claims; and
(e)specify the creditors who sought to prove their debts or claims under rule 13 and state which of such debts or claims were allowed. Evidenc...
Seksyen 15Section 15
Seksyen 16Time of hearing of application for confirmation of reduction (O. 88, r. 16)
(1)An application for the confirmation of any such reduction as is mentioned in rule 7(4) shall not, where the Court has directed an inquiry p...
(2)Before the hearing of such an application, a notice specifying the day appointed for the hearing shall be published at such times and in su...
Seksyen 17Section 17
Seksyen 1Section 1
Seksyen 2Forms of originating summons (O. 89, r. 2)
(1)The originating summons shall be in Form 8A and an acknowledgement of service is not required. An originating summons filed under this Orde...
Seksyen 3Section 3
(1)The plaintiff shall file in support of the originating summons an affidavit stating—
(a)his interest in the land;
(b)the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and P.U. (A)...
(c)that he does not know the name of any person occupying the land who is not named in the summons. to identify the persons occupying the land...
Seksyen 4Section 4
(1)Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in suppor...
(a)personally or in accordance with Order 10, rule 5;
(b)by leaving a copy of the summons and of the affidavit or sending them to him, at the premises; or
(c)in such other manner as the Court may direct.
(2)The originating summons shall, in addition to being served on the named defendants, if any, in accordance with paragraph (1) be served, unl...
(a)affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and
(b)if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed env...
(3)Every copy of an originating summons for service under paragraph (1) or P.U. (A) 205 509 Application by occupier to be made a party (O. 89,...
Seksyen 5Section 5
Seksyen 6Order for possession (O. 89, r. 6)
(1)A final order shall not be made on the originating summons except by a Judge in person and shall, except in case of urgency and by leave of...
(2)An order for possession in proceedings under this Order shall be in Form 195.
(3)Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power, which...
Seksyen 7Section 7
Seksyen 8Setting aside order (O. 89, r. 8)
Seksyen 1In this Order –
Seksyen 2Payment into Court under Trustee Act 1949 (O. 90, r. 2)
(1)Subject to paragraph (2), any trustee intending to make a payment into Court under section 65 of the Trustee Act 1949, shall apply by summo...
(a)a short description of the trust and of the instrument creating it or of the circumstances in which the trust arose, as the case may be;
(b)the names of the persons interested in or entitled to the money or securities to be paid into Court with their addresses so far as known to...
(c)his submission to answer all such inquiries relating to the application of such money or securities as the Court may make or direct; and
(d)an address where he may be served with any summons or order, or notice of any proceedings, relating to the money or securities paid into Co...
(2)Where the money or securities represents or represent a legacy, or residue or any share, thereof, to which an infant or a person resident o...
Seksyen 3Section 3
Seksyen 4Funds: How lodged (O. 90, r. 4)
(1)Money to be lodged in Court shall be lodged by means of a direction to the Accountant General in form (a) in Form 129.
(2)Securities issued by a company or by any body corporate constituted under any written law, being fully paid up and free from liability, may...
(3)The person lodging under paragraph (2) shall execute a transfer thereof, and send such transfer together with the authority in Form 196 to...
(4)Such company or body corporate shall, after registering such transfer, forward the authority to the Accountant General with a certificate i...
(5)Securities, other than those described in paragraph (2), may be placed in a box or packet and lodged with a direction in form (a) in Form 1...
(6)After inspecting the contents in the box or packet in the presence of the person lodging the same, and seeing that such box or packet is pr...
(7)The Accountant General shall, after receiving the money or securities, send to the Registrar a duplicate of the receipt that had been issue...
Seksyen 5Section 5
Seksyen 6Interest on money lodged in court (O. 90, r. 6)
(1)Subject to paragraph (3), money lodged in Court to the credit of any account shall be deemed to be placed on deposit, and shall be credited...
(a)when the money is paid into Court under Order 14 or 23; or
(b)when the amount is less than one thousand ringgit.
(2)Money on deposit shall be deemed to be withdrawn from the deposit when the amount is reduced below one thousand ringgit.
(3)Nothing in these Rules shall affect the right of parties to the action from applying to the Court for the money lodged in Court to be depos...
Seksyen 7Section 7
(1)Interest upon money on deposit shall not be computed on a fraction of one ringgit.
(2)Interest upon money on deposit accrues by calendar months, and shall not be computed by any lesser period.
(3)Such interest begins on the first day of the calendar month next succeeding that in which the money is placed on deposit, and ceases from t...
(4)Interest which has accrued for or during the half-year ending on the thirtieth day of June and thirty-first day of December in every year,...
(5)When money on deposit is withdrawn from deposit, the interest thereon which has accrued and has not been credited shall be placed to the cr...
(6)When money on deposit consists of sums which have been placed on deposit at different times, and an order is made dealing with the money, a...
(7)Unless otherwise directed by an order, interest credited on money on deposit shall, when or so soon as it amounts to or exceeds one thousan...
Seksyen 8Section 8
(1)Where an application to the High Court—
(a)for the payment or transfer to any person of any funds in Court standing to the credit of any cause or matter or for the transfer of any su...
(b)for the investment, or change of investment, of any funds in Court;
(c)for payment of the dividends of or interest on any funds in Court representing or comprising money or securities lodged in Court under any...
(d)for the payment or transfer out of Court of any such funds as are mentioned in subparagraph (c), is made, the application may be disposed o...
(2)Subject to paragraph (3), any such application shall be made by summons or in a pending cause or matter, by notice of application.
(3)Where an application under paragraph 1(d) is required to be made by summons, then, if the funds to which the application relates do not exc...
Seksyen 9Section 9
(1)Money paid under Order 14 or 23 shall be paid out on a direction to the Accountant General in form (b) in Form 129.
(2)In all other cases the person entitled to withdraw the funds shall lodge with the Accountant General a copy of the order authorizing withdr...
(3)When an order directs any sums to be ascertained by the certificate of the Registrar, both the order and the certificate in form (c) in For...
(4)When an order directs payment out of a fund in Court of any costs directed to be taxed, the Registrar shall state in his certificate, the n...
Seksyen 10Section 10
(1)Every order which directs funds in Court to be paid, transferred, or delivered shall state in full the name of every person to whom such pa...
(2)In the case of payment to a firm it is sufficient to state the business name of such firm.
(3)When money in Court is by an order directed to be paid to any persons described in the order, or in a certificate of the Registrar, as co-p...
Seksyen 11Section 11
(1)When funds in Court are by an order directed to be paid, transferred, or delivered to any person named or described in an order, or in a ce...
(2)If no administration has been taken out to the estate of such deceased person who has died intestate, and whose assets do not exceed the va...
(3)When funds in Court are by an order directed to be paid, transferred, or delivered to any persons as legal personal representatives, such f...
(4)The funds shall not under this rule be paid, transferred, or delivered out of Court to the legal personal representatives of any person und...
Seksyen 12Section 12
(1)When funds in Court are by an order directed to be transferred or carried over, the party having the carriage of the order shall lodge with...
(2)When funds in Court are by an order directed to be invested, the party having the carriage of the order shall lodge with the Accountant Gen...
(3)The Court may direct that any money in Court, other than money under Orders 14, 23 and 70, may be invested in any of the securities in whic...
Seksyen 13Section 13
Seksyen 14An office copy of every order of Court and certificate to be acted upon by the
Seksyen 15Accountant General to give certificate of funds in Court (O. 90, r. 15)
(1)The Accountant General, upon a request signed by or on behalf of a person claiming to be interested in any funds in Court standing to the c...
(2)The Accountant General shall notify on such certificate the dates of any orders restraining the transfer, sale, delivery out, or payment or...
(3)The Accountant General may re-date any such certificate, provided that no alteration in the amount or description of funds has been made si...
(4)When a cause or matter has been inserted in the list referred to in rule 16, that fact shall be notified in the certificate relating theret...
Seksyen 16Section 16
Seksyen 17Unclaimed funds in Court with Accountant General (O. 90, r. 17)
(1)The funds in Court appearing from the books and accounts to have been in the custody with the Accountant General for a period of fifteen ye...
(2)If any claim is made to any part of the funds in Court which are transferred and paid to the Government under paragraph (1), and if such cl...
(3)Nothing in this rule shall authorize the transfer of any funds standing to the separate credit of an infant, or held in an infant’s account...
Seksyen 18Section 18
(1)The Sheriff shall keep an account of all sums of money paid or deposited with him and of all sums of money paid out by him in an account bo...
(2)All money paid or deposited with the Sheriff shall be kept in a bank or with the Accountant General. How money paid to Sheriff (O. 90, r. 1...
Seksyen 19Section 19
Seksyen 20Payment in under judgment or order (O. 90, r. 20)
Seksyen 21Money not required for making payments on day of receipt (O. 90, r. 21)
Seksyen 22Accountant General to grant an imprest (O. 90, r. 22)
(1)Where the money is kept by the Accountant General, he shall grant an imprest to the Sheriff and the imprest shall be kept by the Sheriff in...
(2)All cheques in respect of the bank account shall be signed by the Sheriff and another officer appointed by the Registrar. Cash book for imp...
Seksyen 23Section 23
(1)The Sheriff operating the imprest shall maintain a Cash Book in which shall be entered all sums received under the imprest (including reimb...
(2)A supervisory officer shall be made personally responsible for making (at least once a week) surprise checks of the Cash Book, for comparin...
(3)A record of all surprise inspections shall be made in the Cash Book. P.U. (A) 205 521 How payments from imprest to be made (O. 90, r. 24)
Seksyen 24Section 24
(1)All payments from the imprest shall be made by cheques and an acknowledgement received or a receipt obtained from the person to whom the ch...
(2)When the balance of the imprest reaches a figure sufficient for seven days’ anticipated requirements, the Cash Book shall be balanced and t...
(3)The receipts shall be attached to a bill showing the total amount of the payments; if the receipts are numerous, the receipts and a machine...
(4)This bill and attachments shall be sent to the Accountant General at least seven days before the money is actually required. Proof before p...
Seksyen 25Section 25
Seksyen 26Where money due to Government under any law (O. 90, r. 26)
Seksyen 27When payment to be made by cheque (O. 90, r. 27)
(1)All payments by the Sheriff of an amount exceeding fifty ringgit shall be made by cheque payable to the person entitled to receive the paym...
(2)If the payment is to be made to—
(a)any Government department;
(b)any body corporate;
(c)a solicitor; or
(d)a moneylender under the Moneylenders Act 1951, the cheque shall be crossed to the payee’s account and marked “not negotiable”.
(3)Where a cheque has not been cashed within thirty days of its date a fresh cheque may be issued to replace it. ORDER 91 COURT FEES Court fee...
Seksyen 1Section 1
(a)nothing herein shall affect any fees fixed by any written law not by these Rules expressly or impliedly repealed; and
(b)in proceedings by or against a Government or a department of a Government, the Government or the department of the Government, as the case...
Seksyen 2Section 2
Seksyen 1Section 1
(1)Subject to paragraph (2), any document required for use in pursuance of these Rules shall be in the national language and may be accompanie...
(2)For Sabah and Sarawak, any document required for use in pursuance of these Rules shall be in the English language and may be accompanied by...
(3)An affidavit prepared in a foreign language shall be filed with a translation of such affidavit by a qualified translator or solicitor by a...
(4)In cases of urgency, proceedings may be commenced or conducted partly in the English language or wholly in the English language provided th...
(a)a certificate of urgency explaining the urgency of the matter is filed by the solicitor; and
(b)copies of all such documents in the national language shall be filed within two weeks or within such extended period as the Court may allow...
(a)any document in the national language may be used as an exhibit, with or without a translation thereof in the English language; and
(b)any document in the English language may be used as an exhibit, with or without a translation thereof in the national language. Seal of the...
Seksyen 2Every document issued by the Registry for which a form marked with the word
Seksyen 3(There is no rule 3)
Seksyen 3BPractice directions (O. 92, r. 3B)
Seksyen 4Inherent powers of the Court (O. 92, r. 4)
Seksyen 1Section 1
(1)This Order shall have effect in proceedings in the Magistrates’ Court between an individual plaintiff and a defendant.
(2)In this Order, "plaintiff" means an individual person who is not an agent or assignee of any debt of another person. Limit of claim (O. 93,...
Seksyen 2Section 2
Seksyen 3Form of claim (O. 93, r. 3)
(1)Every such claim shall be in Form 198.
(2)The plaintiff shall state in Form 198 the amount and particulars of the claim. P.U. (A) 205 526 Claim to be signed (O. 93, r. 4)
Seksyen 4Section 4
(1)Form 198 shall be signed or thumbprinted by the plaintiff personally.
(2)(There is no paragraph (2)) Filing and service (O. 93, r. 5)
Seksyen 5Section 5
(1)Form 198 shall be filed in four copies in the Registry upon payment of the prescribed fee.
(2)The service of Form 198 may be effected by personal service or by prepaid registered post addressed to the last known address of the defend...
Seksyen 6Section 6
(1)If the defendant who has been duly served with Form 198 disputes the claim, he may deliver his defence in Form 199 to be filed in four copi...
(2)Form 199 shall contain particulars as to why the defendant disputes the claim and if the defendant has a counterclaim, he shall state the a...
(3)Form 199 shall be signed or thumbprinted by the defendant personally.
(4)The service of Form 199 shall be effected in the manner prescribed in rule 5(2).
(5)Where there is a counterclaim, the plaintiff may file a defence to such counterclaim in Form 200. No legal representation (O. 93, r. 7)
Seksyen 7Section 7
Seksyen 8Judgment in default (O. 93, r. 8)
(1)If the defendant does not file his defence in Form 199 as required in rule 6(1), the Court may give judgment in Form 201 for the plaintiff...
(2)Order 35, rules 1 and 2 shall apply where both parties are absent at the hearing or where either party is absent at the hearing.
(3)Where the defendant is absent, the judgment to be entered shall be in Form 202, and where the plaintiff is absent, the judgment to be enter...
Seksyen 9Section 9
Seksyen 10Application for setting aside judgment (O. 93, r. 10)
(1)Any judgment or order obtained where one party does not appear at the hearing or any judgment obtained pursuant to rule 8(1), may be set as...
(2)An application under this rule shall be made within twenty-one days after the service of the judgment or order or within such further time...
Seksyen 11Section 11
Seksyen 12Continuation of proceedings where counterclaim exceeds limit (O. 93, r. 12)
(1)Notwithstanding anything contained in this Order, where a counterclaim together with any interest thereon at the date of filing exceeds the...
(2)Where the judgment entered by the Court on a counterclaim in paragraph (1) does not exceed five thousand ringgit, rule 15 of this Order sha...
Seksyen 13Section 13
(1)At the hearing of any matter before the Court, the Court shall where possible assist the parties to effect the settlement of a case by cons...
(2)Any judgment obtained by consent shall be in Form 206.
(3)If the matter is not settled, the Court may proceed to hear the case and give a decision thereon or may adjourn it to another date for fina...
Seksyen 14Section 14
(1)Before deciding on the case, the Court may ask the parties for further information and in particular for a short description of the claim a...
(2)The Court shall consider the documentary or other evidence, including affidavit evidence, tendered by the parties and in their presence sha...
Seksyen 15Section 15
(1)The Court may in its discretion award costs not exceeding one hundred ringgit to any one party. P.U. (A) 205 529
(2)Costs for advocacy shall not be allowed in proceedings under this Order. Enforcement of judgments and orders (O. 93, r. 16)
Seksyen 16Section 16
(1)Where a judgment or order has been served under rule 11, and the person against whom the judgment or order is made or given (which is refer...
(2)The Court after examining the judgment debtor may—
(a)order a writ of seizure and sale to be issued in Form 84 with such modification as may be necessary as to endorsement;
(b)allow the judgment debtor time to settle the judgment debt, or pay the debt by instalments; or
(c)order the judgment debtor to be committed to prison. ORDER 94 REPEAL, SAVING AND TRANSITIONAL PROVISIONS Repeal (O. 94, r. 1)
Seksyen 1Section 1
(a)the Rules of the High Court 1980 [P.U. (A) 50/1980];
(b)the Subordinate Courts Rules 1980 [P.U. (A) 328/1980]. Exception (O. 94, r. 2)
Seksyen 2Section 2
(1)Order 5, rule 1 shall not apply to the proceedings under the written laws listed in Appendix C, except as provided under these Rules. P.U....
(2)In the event of any inconsistency, the rules under the written laws in Appendix C shall prevail over these Rules.
(3)Any application under any written law, other than those listed in Appendix C, which is by way of a mode other than originating summons or w...
Seksyen 3Section 3
(1)Notwithstanding rule 1, Order 91 of the High Court Rules 1980 and Order 48, rule 63 of the Subordinate Court Rules 1980 shall not be affect...
(2)Any pending action or application that was commenced by way of petition, motion or originating motion before the date of coming into operat...
(3)All references to the Rules of the High Court 1980 and the Subordinate Courts Rules 1980 in any written laws and any documents shall, on th...
Seksyen 5Originating Summons (Where Appearance Not Required)… …
Seksyen 18Section 18
Seksyen 26Notice by Execution Creditor of Property taken in Execution
Seksyen 57Notice of Application … … … … … … … … … … … … … … … … …
Seksyen 84Writ of Seizure and Sale (Movable Property) … … … … … … …
Seksyen 94Sheriff’s/Bailiff’s Notice Seizing Securities… … … … … … … …
Seksyen 112Memorandum of Appeal… … … … … … … … … … … … … … … …
Seksyen 143Order for Registration of Foreign Judgment… … … … … … … …
Seksyen 171Order to Arrest Absconding Judgment Debtor… … … … … …
Seksyen 173Order of Arrest… … … … … … … … … … … … … … … … … … … …
Seksyen 175Notice of Application for Leave to Issue Judgment Debtor
Seksyen 176Affidavit for Leave to Issue a Judgment Debtor Summons … …
Seksyen 177Judgment Debtor Summons… … … … … … … … … … … … … …
Seksyen 178Praecipe for Judgment Notice … … … … … … … … … … … … … …
Seksyen 184Affidavit in Support of Application for Distress… … … … … …
Seksyen 198Writ… … … … … … … … … … … … … … … … … … … … … … … … …
Seksyen 20Section 20
(ii)through the judicial authority of .....................................
(iii)through a Malaysian (or British) Consular authority at ................................................................................ (de...
Seksyen 2Section 2
(2)I am informed by (state source of information) and/or I verily believe (state grounds of belief) that the said debt was incurred and is sti...
Seksyen 3Section 3
Seksyen 4Section 4
(1)An action has been begun in the High Court/Subordinate Courts in accordance with the writ /originating summons attached hereto.
(2)You are or may be one of the persons who is interested in the estate/trust property to which the action relates.
(3)You may within 14 days after service of this notice enter an appearance using the electronic filing service and thereby become a party to t...
(4)If you do not enter an appearance you will be bound by any judgment given in the action as if you were a party to it. Dated this ………………………....
Seksyen 20Section 20
Seksyen 1Section 1
Seksyen 2Section 2
Seksyen 3Section 3
Seksyen 1Section 1
Seksyen 2Section 2
Seksyen 3Section 3
(a)To Execution Creditor
MukadimahPreamble
(b)To Claimant You are hereby summoned to appear before the Court on ............... the..........day of................20.......at .............
(c)To a Plaintiff or a claimant in a pending action
MukadimahPreamble
(a)Under execution It is adjudged touching the claim of .................................... to (specify the property) (or to the proceeds of...
(b)In a pending action It is this day adjudged touching the claims of the plaintiff and the claimant to ............................... (part...
(c)In any other case It is this day adjudged (here set out the judgment determining the claim as between the applicant and any claimant who ap...
Seksyen 1Section 1
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Common questions

What is Kaedah-Kaedah Mahkamah 2012?: Kaedah-Kaedah Mahkamah 2012 is Malaysia P.U. (A), cited as P.U. (A) 205 2012, currently marked in force and first recorded in 2012.
Is Kaedah-Kaedah Mahkamah 2012 still in force?: Yes — Kaedah-Kaedah Mahkamah 2012 is currently in force.
When did Kaedah-Kaedah Mahkamah 2012 take effect?: Kaedah-Kaedah Mahkamah 2012 was first recorded in 2012.
How many sections does Kaedah-Kaedah Mahkamah 2012 have?: Kaedah-Kaedah Mahkamah 2012 contains 1159 sections.
Where can I read the official version of Kaedah-Kaedah Mahkamah 2012?: The official text of Kaedah-Kaedah Mahkamah 2012 is published at lom.agc.gov.my.

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