1. ) VIJAYAL LETCHUMI A/P RAMU 2. ) GANESHEN A/L TANGGAWELO MOHD RAFI BIN MOHD NOR

1. ) VIJAYAL LETCHUMI A/P RAMU 2. ) GANESHEN A/L TANGGAWELO MOHD RAFI BIN MOHD NOR

The court set aside the default judgment because service was irregular (writ/claim not personally served and receipt signature not defendant) and the defendant produced prima facie evidence of a meritorious defence (payment records to the financing bank) warranting trial; the separate stay application was rendered academic once the default judgment was set aside. Costs awarded according to cause.

Citation
PB-A52NCvC-23-04/2021 (Mahkamah Sesyen)
Parties
Plaintif Pertama: VIJAYAL LETCHUMI A/P RAMU; Plaintif Kedua: GANESHEN A/L TANGGAWELO; Defendan: MOHD RAFI BIN MOHD NOR
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 June 2022
Case Number
PB-A52NCvC-23-04/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Action / Interlocutory: Application to Set Aside Default Judgment and Separate Application to Stay Execution
Outcome
Application to set aside default judgment allowed; application for stay of execution declared academic and not granted; costs according to cause.
Legal Topics
Setting Aside Default Judgment, Service of Process, Meritorious Defence, Stay of Execution, Possession Claim
Source Language
Malay/English
Civil Procedure Property Law Contract Law Banking and Finance Setting Aside Default Judgment Service of Process Meritorious Defence Stay of Execution +1 more

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Parties

VIJAYAL LETCHUMI A/P RAMU

Plaintif Pertama

GANESHEN A/L TANGGAWELO

Plaintif Kedua

MOHD RAFI BIN MOHD NOR

Defendan

Procedural Posture

Civil Action / Interlocutory: Application to Set Aside Default Judgment and Separate Application to Stay Execution

Legal Issues

  1. 1 Whether the default judgment was regularly obtained (proper service)
  2. 2 Whether the defendant has a meritorious defence sufficient to justify setting aside the default judgment
  3. 3 Whether a stay of execution should be granted pending determination of the set‑aside application

Ratio Decidendi

The court set aside the default judgment because service was irregular (writ/claim not personally served and receipt signature not defendant) and the defendant produced prima facie evidence of a meritorious defence (payment records to the financing bank) warranting trial; the separate stay application was rendered academic once the default judgment was set aside. Costs awarded according to cause.

Court Disposition

Application to set aside default judgment allowed; application for stay of execution declared academic and not granted; costs according to cause.

Orders

  • Kandungan 10 (a) and (b) allowed and default judgment set aside with costs to be paid according to cause
  • Defendant permitted to enter memorandum of appearance and file statement of defence