MURALI A/L SELVAKUMAR KAMALANATAN A/L KRISHNASAMY

MURALI A/L SELVAKUMAR KAMALANATAN A/L KRISHNASAMY

Service by AR registered card to an authorized person was sufficient to perfect service; the Judgment in Default was regular and the defendant failed to disclose a defence with merits or take proactive steps to inform the plaintiff; therefore the application to set aside the JID was dismissed with costs.

Source-derived case information.

Citation
CA-A72NCvC-37-03/2023 (Mahkamah Majistret)
Parties
Plaintiff: MURALI A/L SELVAKUMAR; Defendant: KAMALANATAN A/L KRISHNASAMY
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 February 2024
Case Number
CA-A72NCvC-37-03/2023 (Mahkamah Majistret)
Procedural Posture
Civil Suit / Application to Set Aside Judgment in Default Under Order 13 Rule 8 ROC 2012
Outcome
Application to set aside Judgment in Default (Enclosure 11) dismissed
Legal Topics
Setting Aside Judgment in Default, Service of Writ, Breach of Sale and Purchase Agreement
Contract Civil Procedure Setting Aside Judgment in Default Service of Writ Breach of Sale and Purchase Agreement

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Parties

MURALI A/L SELVAKUMAR

Plaintiff

KAMALANATAN A/L KRISHNASAMY

Defendant

Procedural Posture

Civil Suit / Application to Set Aside Judgment in Default Under Order 13 Rule 8 ROC 2012

Legal Issues

  1. 1 Whether the Judgment in Default (JID) was regular
  2. 2 Whether the defendant disclosed a defence with merits sufficient to set aside the JID
  3. 3 Whether service of the writ was properly effected

Ratio Decidendi

Service by AR registered card to an authorized person was sufficient to perfect service; the Judgment in Default was regular and the defendant failed to disclose a defence with merits or take proactive steps to inform the plaintiff; therefore the application to set aside the JID was dismissed with costs.

Court Disposition

Application to set aside Judgment in Default (Enclosure 11) dismissed

Orders

  • Enclosure 11 dismissed
  • Costs of RM500 to be paid to the plaintiff