6 Dec 2019
Muthu Karippen a/l Rajoo (NRIC No. 560226-07-5001) Selliah a/l Muthiayal (NRIC No. 361119-02-5357)
- Citation
- PA-22NCvC-68-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-68-04/2018 (Mahkamah Tinggi)
The default judgment of 31.7.2018 was irregular and set aside because the plaintiff proceeded under the wrong procedural basis for the discretionary relief (the substance of the application fell under O13 r6 requiring court discretion), and the plaintiff's pleadings alleging fraud against the earlier judgment lacked particulars and prima facie material to impeach that judgment; although the writ was prima facie served by AR post (defendant failed to rebut service), the defendant had not been served with the default judgment itself and did not delay in applying to set it aside, so the court ex…