RAJJIT SINGH A/L RANJODH SINGH HARVENDER SINGH A/L DALBIR SINGH

RAJJIT SINGH A/L RANJODH SINGH HARVENDER SINGH A/L DALBIR SINGH

Court held service of the writ and statement was regular (including substituted service) and the default judgment was regularly obtained; defendant failed to demonstrate a prima facie meritorious defence and had changed his recorded address after judgment, therefore the application to set aside the default judgment was dismissed with costs of RM3,000.

Citation
BL-22NCC-3-02/2023 (Mahkamah Tinggi)
Parties
PLAINTIF: RANJIT SINGH A/L RANJODH SINGH; DEFENDAN: HARVENDAR SINGH A/L DALBIR SINGH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2024
Case Number
BL-22NCC-3-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (guaman Sivil BL 22 NCC 3 02/2023) / Application to Set Aside Default Judgment (post Judgment Application)
Outcome
Application dismissed
Legal Topics
Setting Aside Default Judgment, Service of Writ, Substituted Service, Affidavit of Merits, Change of Address to Avoid Service, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Setting Aside Default Judgment Service of Writ Substituted Service Affidavit of Merits Change of Address to Avoid Service +1 more

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Parties

RANJIT SINGH A/L RANJODH SINGH

PLAINTIF

HARVENDAR SINGH A/L DALBIR SINGH

DEFENDAN

Procedural Posture

Civil (guaman Sivil BL 22 NCC 3 02/2023) / Application to Set Aside Default Judgment (post Judgment Application)

Legal Issues

  1. 1 Whether service of the writ was regular and effective
  2. 2 Whether the default judgment should be set aside
  3. 3 Whether the defendant filed the application within the permitted time

Ratio Decidendi

Court held service of the writ and statement was regular (including substituted service) and the default judgment was regularly obtained; defendant failed to demonstrate a prima facie meritorious defence and had changed his recorded address after judgment, therefore the application to set aside the default judgment was dismissed with costs of RM3,000.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs of RM3000 awarded to Plaintiff