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 was irregular because the plaintiff sought to impeach an earlier judgment without resort to the proper procedures and without particularized allegations of fraud; the defendant did not delay in applying to set aside because he was not served with the judgment, and on that basis the court exercised its discretion to set aside the default judgment and allowed the application with costs.