SANDIRAN A/L ARUMUGAM VEKNEASWARAN A/L SUBRAMANIAM

SANDIRAN A/L ARUMUGAM VEKNEASWARAN A/L SUBRAMANIAM

The default judgment was regularly obtained by service in accordance with the agreement and Order 10; the defendant failed to explain an excessive delay (1094 days) in applying to set aside and failed to demonstrate a meritorious defence; therefore the application to set aside is dismissed.

Source-derived case information.

Citation
NA-A52NCvC-66-08/2019 (Mahkamah Sesyen)
Parties
Plaintiff: Sandiran a/l Arumugam; Defendant: Vekneaswaran a/l Subramaniam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 February 2023
Case Number
NA-A52NCvC-66-08/2019 (Mahkamah Sesyen)
Procedural Posture
Guaman Sivil (civil Suit) / Decision on Application to Set Aside Default Judgment
Outcome
Defendant's application to set aside the default judgment dismissed; default judgment confirmed.
Legal Topics
Service of Process, Setting Aside Default Judgment, Delay in Filing Application, Allegation of Fraud in Sale and Purchase Agreement
Civil Procedure Contract Property Service of Process Setting Aside Default Judgment Delay in Filing Application Allegation of Fraud in Sale and Purchase Agreement

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Parties

Sandiran a/l Arumugam

Plaintiff

Vekneaswaran a/l Subramaniam

Defendant

Procedural Posture

Guaman Sivil (civil Suit) / Decision on Application to Set Aside Default Judgment

  1. 1 Whether the default judgment was regularly obtained (valid service)
  2. 2 Whether the defendant explained the delay in filing the application to set aside
  3. 3 Whether the defendant has a meritorious defence to justify setting aside the default judgment

Ratio Decidendi

The default judgment was regularly obtained by service in accordance with the agreement and Order 10; the defendant failed to explain an excessive delay (1094 days) in applying to set aside and failed to demonstrate a meritorious defence; therefore the application to set aside is dismissed.

Court Disposition

Defendant's application to set aside the default judgment dismissed; default judgment confirmed.

Orders

  • Application to set aside default judgment dated 12 September 2019 dismissed.
  • Default judgment dated 12 September 2019 remains in force (judgment for RM160,000.00 with interest at 5% per annum from 10 June 2019 and costs as per the original judgment).