Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 2 rule 3
  • 25 Mar 2025

    LEE CHUNG BOON TEOH AI CHIN

    Citation
    BA-12B-104-10/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12B-104-10/2024 (Mahkamah Tinggi)

    The court held that Order 55 Rule 4 RC is mandatory and the appellant's failure to serve the draft index and the consequent omission of material documents rendered the record of appeal fundamentally defective and incurable by Order 1A or Order 2; therefore the court refused to exercise its discretion under Order 3 Rule 5 to extend time and struck out the record of appeal and related notice of appeal and dismissed the application to validate the AR.