high court malaysia


Specifications for documents (O. 11.

Time of trial of questions or issues (O. Uncontested chamber applications (O. On any appeal, interest, for such time as execution has been delayed by the appeal, shall be allowed, unless the High Court otherwise orders. 70, r. 24). (2) For the purpose of obtaining any such payment, the debenture or debenture stock certificate shall be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct and that solicitor or person shall endorse thereon a memorandum of payment and shall make and sign a certificate certifying that the statement set out in the certificate has been endorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Accountant General. Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Court shall be on paper of durable quality, approximately 11.69 inches (297 mm.) (4) A judgment or order for the payment of the assessed value of any movable property may be enforced by the same means as any other judgment or order for the payment of money. 77, r. 9). (1) This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order. (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 of the relevant Civil Procedure Convention, the service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served.

24, r. 17).

2. Proper officer to give receipt (O. (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 Court. (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 direct. (2) Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time. A notice of seizure under section 9 of the Act shall be in Form 91. 93, r. 11). 70, r. 32). Any person making any application to a Court under this Act shall give an address of service. (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 oath. (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 may be applicable. (4) The passing of a receiver's account shall be certified by the Registrar. 6. (1) Where a writ is endorsed with a claim against a defendant for possession of immovable property only, then, if that defendant fails to enter an appearance the plaintiff may, after the time limited for appearing and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 83, rule 1, enter judgment for possession of the immovable property as against that defendant and costs, and proceed with the action against the other defendants, if any. (1) The plaintiff in an action begun by writ may, without the leave of the Court, discontinue the action or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than fourteen days after the service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice in Form 32 to that effect on the defendant concerned.

22. Where the plaintiff, or the defendant by way of counterclaim, claims the recovery of specific movable property and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings, if any, or by affidavit or otherwise to its satisfaction, may order-, (a) the party seeking to recover the property be at liberty to pay into Court, to abide the event of action, the amount of money in respect of which the security is claimed and such further sum, if any, for interest and costs as the Court may direct; and. 8. Sheriff to keep an account book (O.

6. 14. (b) to grant an injunction if, and only so far as, it is ancillary or incidental to an order under rule 1, 2 or 8. and an application for the appointment of a receiver or an injunction under this rule may be joined with the application for the order under rule 2 or 8 to which it relates. The plaintiff's evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

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