Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory procedural rules

  • 24 Feb 2026

    RANJIT SINGH A/L SADHU SINGH KHOO KAH JIN

    Citation
    WA-B54-78-11/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-B54-78-11/2024 (Mahkamah Sesyen)

    Plaintiff's application for an order of assessment filed on 3 October 2025 was out of time relative to the mandatory one‑month period from the date of judgment (27 August 2025) under Aturan 37 Kaedah 1(1) KKM 2012; no cogent reasons were shown to justify extension under Aturan 3 Kaedah 5, counsel's mistake is insufficient, and Aturan 1A cannot cure the breach of a mandatory rule; accordingly the application is dismissed with costs.

  • 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.