HIGH COURT RULES - ARRANGMENT OF ORDERS

RULES OF THE HIGH COURT 1980
ARRANGEMENT OF ORDERS
ORDER

1. CITATION, APPLICATION, INTERPRETATION AND FORMS
1A. COURT OR JUDGE SHALL HAVE REGARD TO JUSTICE
2. EFFECT OF NON-COMPLIANCE
3. TIME
4. CONSOLIDATION OF PROCEEDINGS
5. MODE OF BEGINNING CIVIL PROCEEDINGS IN HIGH COURT
6. WRITS OF SUMMONS: GENERAL PROVISIONS
7. ORIGINATING SUMMONSES: GENERAL PROVISIONS
8. ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS
9. PETITIONS: GENERAL PROVISIONS
10. SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
11. SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION
12. ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS
13. DEFAULT OF APPEARANCE TO WRIT
14. SUMMARY JUDGMENT
14A. DISPOSAL OF CASE ON POINT OF LAW
15. CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES
16. THIRD PARTY AND SIMILAR PROCEEDINGS
17. INTERPLEADER
18. PLEADINGS
19. DEFAULT OF PLEADINGS
20. AMENDMENT
21. WITHDRAWAL AND DISCONTINUANCE
22. PAYMENT INTO AND OUT OF COURT
22A. INTERIM PAYMENTS
23. SECURITY FOR COSTS
24. DISCOVERY AND INSPECTION OF DOCUMENTS
25. SUMMONS FOR DIRECTIONS
26. INTERROGATORIES
27. ADMISSIONS
28. ORIGINATING SUMMONS PROCEDURE
29. INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, ETC.
30. RECEIVERS
31. SALES, ETC., OF IMMOVABLE PROPERTY BY ORDER OF COURT
32. APPLICATIONS AND PROCEEDINGS IN CHAMBERS
33. MODE OF TRIAL
34. PRE-TRIAL CASE MANAGEMENT
35. PROCEEDINGS AT TRIAL
35A. WITNESS STATEMENT
36. TRIALS BEFORE AND INQUIRIES BY REGISTRAR
37. ASSESSMENT OF DAMAGES
38. EVIDENCE: GENERAL
39. EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT
40. COURT EXPERT
41. AFFIDAVITS
42. JUDGMENTS AND ORDERS
43. ACCOUNTS AND INQUIRIES
44. PROCEEDINGS UNDER JUDGMENTS AND ORDERS ON THE EQUITY SIDE
45. ENFORCEMENT OF JUDGMENTS AND ORDERS
46. WRITS OF EXECUTION: GENERAL
47. WRITS OF SEIZURE AND SALE
48. EXAMINATION OF JUDGMENT DEBTOR, ETC.
49. GARNISHEE PROCEEDINGS
50. CHARGING ORDERS, STOP ORDERS, ETC.
51. RECEIVERS: EQUITABLE EXECUTION
51A. RATEABLE DISTRIBUTION
52. COMMITTAL
53. APPLICATION FOR JUDICAL REVIEW
54. (DELETED)
55. APPEALS TO HIGH COURT FROM SUBORDINATE COURTS AND STATUTORY BODIES
56. APPEALS FROM REGISTRAR AND JUDGE
57. (THERE IS NO ORDER 57)
58. (THERE IS NO ORDER 58)
59. COSTS
60. THE REGISTRY
61. SITTINGS, VACATION AND OFFICE HOURS
62. SERVICE OF DOCUMENTS
63. PAPER, PRINTING, NOTICES AND COPIES
64. CHANGE OF SOLICITOR
65. SERVICE OF FOREIGN PROCESS
66. OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.
67. RECIPROCAL ENFORCEMENT OF JUDGMENTS
68. (THERE IS NO ORDER 68)
69. ARBITRATION PROCEEDINGS
70. ADMIRALTY PROCEEDINGS
71. NON-CONTENTIOUS PROBATE PROCEEDINGS
72. CONTENTIOUS PROBATE PROCEEDINGS
73. PROCEEDINGS BY AND AGAINST THE GOVERNMENT
74. DEBTORS ORDINANCE 1957 [ACT 256]
75. DISTRESS ORDINANCE 1951 [ACT 255]
76. DISABILITY
77. PARTNERS
78. DEFAMATION ACTIONS
79. MONEYLENDERS' ACTIONS
80. ADMINISTRATION AND SIMILAR ACTIONS
81. ACTIONS FOR SPECIFIC PERFORMANCE, ETC., SUMMARY JUDGMENT
82. DEBENTURE HOLDERS' ACTION: RECEIVER'S REGISTER
83. CHARGE ACTIONS
84. PROCEEDINGS RELATING TO INFANTS
85. BILLS OF SALE ORDINANCE 1950
86. INHERITANCE (FAMILY PROVISIONS) ACT 1971
87. TRADE MARKS ACT 1976
88. COMPANIES ACT 1965
89. SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
90. LODGMENT IN COURT AND PAYMENT TO SHERIFF
91. COURT FEES
92. MISCELLANEOUS
93. REPEAL
APPENDIX A - LIST OF FORMS
APPENDIX B

ORDERS 1 & 1A

1. Citation and Commencement. (O. 1 r. 1)
Order 1
Citation, Application, Interpretation and Forms.
1. Citation and Commencement. (O. 1 r. 1)
These rules may be cited as the Rules of the High Court 1980, and shall come into force on
the 1st June 1980.
2. Application. (O. 1 r. 2)
(1) Subject to the following provisions of this rule, these rules shall have effect in relation
to all proceedings in the High Court, including any pending proceedings therein.
(2) These rules shall not have effect in relation to proceedings in respect of which rules
have been or may be made under any written law for the specific purpose of such
proceedings or in relation to any criminal proceedings.
(3) In the case of the proceedings for which rules have been made, nothing in paragraph (2)
shall be taken as affecting any provision of any rules (whether made under the Act or any
other written law) by virtue of which the Rules of the High Court 1980 or any provisions
thereof are applied in relation to any of those proceedings.
3. (There is no rule 3).
4. Definitions. (O. 1 r. 4)
(1) In these rules, unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, namely–
"Act" means the Courts of Judicature Act 1964.
"cause book" means the book kept in the Registry in which the number of, and other details
relating to, a cause or matter are entered;
"folio" means 100 words, each figure being counted as one word;
"Form" means a form set out in Appendix A to these rules, and a form referred to by a
number means the form so numbered in the Appendix;

"moneylender’s action" has the meaning assigned to it by Order 79;
"officer" means an officer of the High Court;
"originating summons" means every summons other than a summons in a pending cause or
matter;
"pleading" does not include a petition, summons or preliminary act;
"probate action" has the meaning assigned to it by Order 72;
"receiver" includes a manager or consignee;
"Registry" means the Registry of the High Court;
"scheduled territories" has the meaning assigned to it by the Exchange Control Act 1953;
"sign" in relation to the signing of any document by the Registrar includes the affixing of a
facsimile signature;
[Ins. PU(A)342/2000]
"writ" means a writ of summons.
(2) In these rules, unless the context otherwise requires, "Court" means the High Court or
any one or more Judges thereof, whether sitting in Court or in Chambers, or the Registrar;
but the foregoing provision shall not be taken as affecting any provision of these rules and,
in particular, Order 32, rule 9, by virtue of which the authority and jurisdiction of the
Registrar is defined and regulated.
5. Construction of references to Orders, rules etc. (O. 1 r. 5)
(1) Unless the context otherwise requires, any reference in these rules to a specified Order,
rule or appendix is a reference to that Order or rule of, or that appendix to these rules and
any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of
the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the
reference occurs.
(2) Any reference in these rules to anything done under a rule of these rules includes a
reference to the same thing done before the commencement of that rule under any

corresponding rule of Court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires, any reference in these rules to any written
law shall be construed as a reference to that written law as amended, extended or applied by
or under any other written law.
5A. Construction of references to Acts, Ordinances, Enactments, etc., to Sarawak and
sabah. (O. 1 r. 5A)
Where references are made under these rules to any provisions in the Acts, Ordinances or
Enactments or other written laws in force in Malaya there shall be substituted therefor
references to the corresponding Acts, Ordinances or Enactments or other written laws in
force in Sarawak or Sabah, as the case may be.
6. Construction of references to action, etc. for possession of immovable property. (O. 1 r. 6)
Except where the context otherwise requires, references in these rules to an action or claim
for the possession of immovable property shall be construed as including references to
proceedings against the Government for an order declaring that the plaintiff is entitled as
against the Government to the immovable property or to the possession thereof.
7. Forms. (O. 1 r. 7)
The forms in Appendix A shall be used where applicable with such variations as the
circumstances of the particular case require.
1A. Court or judge shall have regard to justice.
Order 1A.
1A. Court or judge shall have regard to justice.
In administering any of the rules herein the court or a judge shall have regard to the
justice of the particular case and not only to the technical non-compliance of any of
the rules herein.

ORDER 2 - EFFECT OF NON-COMPLIANCE

ORDER 2
EFFECT OF NON-COMPLIANCE
1 Non-compliance with rules (O. 2, r. 1)
(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
2 Application to set aside for irregularity (O. 2, r. 2)
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.
3. Preliminary objection for non-compliance of rules not allowed(O 2,r 3)
A court or judge shall not allow any preliminary objection by any party to any cause or matter or proceedings only on the ground of non-compliance of any of these Rules unless the court or judge is of the opinion that such non-compliance has occasioned a substantial miscarriage of justice.
ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.

ORDER 3 - TIME

ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.

(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.

ORDER 4 - CONSOLIDATION OF PROCEEDINGS

ORDER 4
CONSOLIDATION OF PROCEEDINGS
1 Consolidation, etc., of causes or matters (O. 4, r. 1)
(1) Where two or more causes or matters are pending, then, if it appears to the Court -
(a) that some common question of law or fact arises in both or all of them; or
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or
(c) that for some other reason it is desirable to make an order under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) An order for consolidation must be in Form I and shall direct that the cause or matter in which the application is made shall thence forward be carried on in such other cause or matter and that the title of such other cause or matter be amended by adding thereto the title of the cause or matter in which the application is made.
(3) Upon such order being made, the file of the cause or matter in which the application is made shall be transferred to and added to the file of such other cause or matter, and the copy of the order shall be left in place of the file so transferred, and a memorandum of the transfer shall be entered in the cause book against the cause or matter so consolidated.

5. Mode of Beginning Civil Proceedings in High Court.

5. Mode of Beginning Civil Proceedings in High Court.
order 5. Mode of Beginning Civil Proceedings in High Court 1.Mode of beginning civil proceedings. (O. 5 r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition. 2.Proceedings which must be begun by writ. (O. 5 r. 2) Subject to any provision of any written law or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings– (a)in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land; (b)in which a claim made by the plaintiff is based on an allegation of fraud; (c)in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law or independently of any such provision), where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property; (d)in which a claim is made by the plaintiff for damages for breach of promise of marriage; (e)in which a claim is made by the plaintiff in respect of the infringement of a patent. In this rule "personal injuries" includes any disease and any impairment of a person’s physical or mental condition. 3.Proceedings which must be begun by originating summons. (O. 5 r. 3) Proceedings by which an application is to be made to the High Court or a Judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorised to be made by some other means. This rule does not apply to an application made in pending proceedings. 4.Proceedings which may be begun by writ or originating summons. (O. 5 r. 4) (1)Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate. (2)Proceedings– (a)in which the sole or principal question at issue is or is likely to be, one of the construction of any written law or of any instrument made under any written law, or of any deed, will, contract or other document, or some other question of law; or (b)in which there is unlikely to be any substantial dispute of fact, are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 81 or for any other reason consider the proceedings more appropriate to be begun by writ. 5.Proceedings to be begun by motion or petition. (O. 5 r. 5) Proceedings may be begun by originating motion or petition if, but only if, by these rules or by or under any written law the proceedings in question are required or authorised to be so begun. 6.Right to sue in person. (O. 5 r. 6) (1)Subject to paragraph (2) and to Order 76, rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (2)Except as expressly provided by or under any written law, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.

6. Writs of Summons: General Provisions.

6. Writs of Summons: General Provisions.
order 6. Writs of Summons: General Provisions 1.Form of writ. (O. 6 r. 1) Every writ must be in Form 2 or 3, whichever is appropriate. 2.Indorsement of claim.
(O. 6 r. 2) (1)Before a writ is issued it must be indorsed–
(a)with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;
(b)where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant– (i)except in either of the cases mentioned in paragraph (2) pays the amount so claimed to the plaintiff or his solicitor; (ii)in either of the said cases, pays that amount into Court.
(2)The cases referred to in paragraph (1)(b) are– (a) a case where the plaintiff (or, if there are more plaintiffs than one, any of them) is resident outside the scheduled territories or is acting by order or on behalf of a person so resident; (b) a case where the defendant is making the payment by order or on behalf of a person so resident.
(3)A defendant who pays money into Court under this rule must give notice in Form 4 to the plaintiff or his solicitor. 3.Indorsement as to capacity. (O. 6 r. 3) (1)
Before a writ is issued it must be indorsed– (a) where the plaintiff sues in representative capacity, with a statement of the capacity in which he sues; (b)where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.
(2)Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the scheduled territories it must be indorsed with a statement of that fact and with the address of the person so resident.
4.Indorsement as to solicitor and address.
(O. 6 r. 4) (1) Before a writ is issued it must be indorsed–
(a)where the plaintiff sues by a solicitor, with the plaintiff’s address and the solicitor’s name or firm and a business address of his within the jurisdiction;
(b)where the plaintiff sues in person, with– (i)the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and (ii)his occupation.
(2)The address for service of a plaintiff shall be–
(a)where he sues by a solicitor, the business address of the solicitor indorsed on the writ;
(b)where he sues in person, the address within the jurisdiction indorsed on the writ.
(3)Where a solicitor’s name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.
(4)If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.
5.Concurrent writ. (O. 6 r. 5)
(1)One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.
(2)Without prejudice to the generality of paragraph, (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one, notice of which is to be served out of the jurisdiction and a writ notice of which is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.
(3)A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.
(4)A concurrent writ must be marked by the Registrar with the word "Concurrent" and he shall sign and date the day of issue of the concurrent writ.
6.Issue of writ.
(O. 6 r. 6) (1)No writ notice of which is to be served out of the jurisdiction shall be issued without the leave of the Court.
(2)A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(3)The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the writ shall be deemed to be issued.
(4)The original writ must be filed in the Registry and an entry thereof made in the cause book.
7.Duration and renewal of writ.
(O. 6 r. 7) (1)For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 6 [PU 342/2000 w.e. f.22 Sept 2000] months, beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2)Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. Subject to paragraph
(2A) , where efforts to serve a writ on a defendant have been unsuccessful, the Court may by order extend the validity of the writ twice (in Sabah and Sarawak thrice and in admiralty actions 5 times) , not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order. [Subs. PU(A)342/2000 w.e.f. 22 Sept 2000] (2A) An application for renewal must be made before the expiry of the writ, ex parte by summons, supported by affidavit showing that efforts have been made to serve the defendant within one month of the date of the issue of the writ and that efforts have been made subsequent thereto to effect service. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(3)Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 5 showing the period for which the validity of the writ has been so extended.
(4)Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
(5)A note of the renewal must be entered in the cause book.

7.Oringinating Summonses: General Provisions

7. Originating Summonses: General Provisions.
order 7. Originating Summonses: General Provisions 1.Application. (O. 7 r. 1) The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any written law.
2.Form of summons etc. (O. 7 r. 2)
(1) Every originating summons must be in Form 6, 7 or 8 whichever is appropriate.
(1A) Every originating summons shall state in its intitulement the particular rule of Court and provisions of written law under which the Court is being moved. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(2)The party taking out an originating summons (other than an ex parte summons) shall be described as a plaintiff, and the other parties shall be described as defendants.

3.Contents of summons. (O. 7 r. 3)
(1)Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the High Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.
(2)Order 6, rules 3 and 4, shall apply in relation to an originating summons as they apply in relation to a writ.

4.Concurrent summons.
(O. 7 r. 4) Order 6, rule 5, shall apply in relation to an originating summons as it applies in relation to a writ.

5.Issue of summons. (O. 7 r. 5) Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.

6.Duration and renewal of summons. (O. 7 r. 6) Order 6, rule 7, shall apply in relation to an originating summons as it applies in relation to a writ.

7.Ex parte originating summons. (O. 7 r. 7) (1)Rules 2(1),(1A),3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. [Ins. PU(A)342/2000 w.ef. 22 Sept 2000] (2)Order 6, rule 6(3) shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ.

8. Originating and other Motions: General Provisions.

8. Originating and other Motions: General Provisions.


1.Application. (O. 8 r. 1) The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any written law.

2.Notice of motion. (O. 8 r. 2)
(1)Except where an application by motion may properly be made ex parte no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.
(2)Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion. 3.Forms and issue of notice of motion.


(O. 8 r. 3) (1)The notice of an originating motion must be in Form 9 and the notice of any other motion in Form 10. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.
(1A) Order 7, rule 2(1a) , shall apply in relation to the notice of an originating motion and the notice of any other motion as it applies in relation to an originating summons. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(2)The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required.
(3)Order 6, rule 4, shall, with the necessary modifications, apply in relation to a notice of an originating motion as it applies in relation to a writ.
(4)Issue of the notice takes place upon its being sealed by an officer of the Registry.

4.Service of notice of motion with writ, etc.
(O. 8 r. 4) Notice of a motion to be made in an action may be served by the plaintiff on the defendant with the writ of summons or originating summons or at any time after service of such writ or summons, whether or not the defendant has entered an appearance in the action.


5.Adjournment of hearing. (O. 8 r. 5) The hearing of any motion may be adjourned from time to time on such terms, if any, as the Court thinks fit.

9. Petitions: General Provisions.

9. Petitions: General Provisions.
order 9. Petitions: General Provisions
1.Application. (O. 9 r. 1) Rules 2 and 3 apply to petitions by which civil proceedings in the High Court are begun, subject, in the case of petitions of any particular class, to any special provision relating to petitions of that class made by these rules or by or under any written law.


2.Contents of petition. (O. 9 r. 2)
(1)Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby.
(1A) Order 7, rule 2(1a) , shall apply in relation to a petition as it applies in relation to an originating summons. Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.
(3)Order 6, rule 4, shall, with the necessary modifications, apply in relation to a petition as it applies in relation to a writ.

3.Fixing time for hearing petition. (O. 9 r. 3)
(1)A day and time for the hearing of a petition which is required to be heard shall be fixed by the Registrar.
(1A) So far as may be practicable, the Court shall fix the date of hearing of a petition not later than 3 months from the issue of the petition.
(2)Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him not less than 7 days before the day fixed for the hearing of the petition.



4.Certain applications not to be made by petition.
(O. 9 r. 4) No application in any cause or matter may be made by petition.

10. SERVICE OF ORIGINATING SUMMONS: GENERAL PROVISIONS

10. Service of Originating Process: General Provisions.

1.General provisions. (O. 10 r. 1) [Am. P.U. (A) 192/93] (1)Subject to the provisions of any written law and these rules, a writ must be served personally on each defendant or by sending it by prepaid A.R. registered post addressed to his last known address and so far as is practicable, the first attempt at service shall be made not later than one month from the date of issue of the writ. [Am. PU(A)342/2000].
(2)Where a defendant’s solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.
(3)Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.
(4)Where a writ is duly served on a defendant otherwise than by virtue of paragraph (2) or (3), then, subject to Order 11, rule 5, unless after service the person serving it indorses on it the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against that defendant in default of appearance or in default of defence, unless the Court otherwise order.


2.Service of writ on agent of oversea principal. (O. 10 r. 2)
(1)Where the Court is satisfied on ex parte application that–
(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or by a body corporate having a registered office or a place of business within the jurisdiction; and
(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate; and
(c) at the time of the application either the agent’s authority has not been determined or he is still in business relations with his principal, the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.
(2)An order under this rule authorising service of a writ on a defendant’s agent must limit a time within which the defendant must enter an appearance.
(3)Where an order is made under this rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.


3.Service of writ in pursuance of contract. (O. 10 r. 3)
(1)Where– (a) a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the High Court has jurisdiction to hear and determine any such action; and
(b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner or at such place (whether within or out of the jurisdiction), as may be so specified, then if an action in respect of the contract is begun in the High Court and the writ by which it is begun is served in accordance with the contract the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.
(2) A notice of a writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve such notice out of the jurisdiction has been granted under Order 11, rule 1 or 2.


4.Service of writ in certain actions for possession of immovable property. (O. 10 r. 4) Where a writ is indorsed with a claim for the possession of immovable property the Court may–
(a) if satisfied on an ex parte application that no person appears to be in possession of the immovable property and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the immovable property;
(b) if satisfied on such an application that no person appears to be in possession of the immovable property and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the immovable property shall be treated as good service on that defendant.



5.Service of originating summons, petition and notice of motion. (O. 10 r. 5)
The foregoing rules of this Order (except rule 1(4)) shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1) and (2) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.


6.Service in Malaya and Borneo. (O. 10 r. 6) The provisions of this Order shall apply in relation to service of any originating process issued from the Registry of the High Court in Malaya or Borneo as the case may be for service in the local jurisdiction of the other High Court.

11. SERVICE OF PROCESS, ETC., OUT OF JURISDICTION

11. Service of Process, etc., Out of the Jurisdiction.

order 11. Service of Process, etc., Out of the Jurisdiction.
1.Principal cases in which service of notice of writ out of jurisdiction is permissible. (O. 11 r. 1)
(1)Where the writ does not contain any claim for damage, loss of life or personal injury arising out of–
(i) a collision between ships; or
(ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or
(iii) non-compliance on the part of one or more of two or more ships, with the collision regulations made under section 251 of the Merchant Shipping Ordinance 1952, 70/52 service of a notice of a writ out of the jurisdiction is permissible with the leave of the Court in the following cases, that is to say–
(a) if the whole subject-matter of the action begun by the writ is immovable property situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to immovable property so situate;
(b) if an act, deed, will, contract, obligation or liability affecting immovable property situate within the jurisdiction is sought to be construed, rectified, set aside or enforced in the action begun by the writ; (c) if in the action begun by the writ relief is sought against a person domiciled or ordinarily resident or carrying on business within the jurisdiction;
(d) if the action begun by the writ is for the administration of the estate of a person who died domiciled within the jurisdiction or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;
(e) if the action begun by the writ is for the execution, as to property situate within the jurisdiction, of the trusts of a written instrument, being trusts that ought to be executed according to law and of which the person to be served with the writ is a trustee or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;
(f) if the action begun by the writ is brought against a defendant to enforce rescind, dissolve annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which–
(i)was made within the jurisdiction; or
(ii)was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or
(iii)is by its terms, or by implication, governed by the law of Malaysia;
(g) if the action begun by the writ is brought against a defendant in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective or the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;
(h) if the action begun by the writ is founded on a tort committed within the jurisdiction;
(i) if in the action begun by the writ an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);
(j) if the action begun by the writ being properly brought against a person duly served within the jurisdiction, a person out of the jurisdiction is a necessary or proper party thereto;
(k) if the action begun by the writ is either by a charge of property situate within the jurisdiction (other than immovable property) and seeks the sale of the property, the foreclosure of the charge or delivery by the charger of possession of the property but not an order for payment of any moneys due under the charge or by a charger of property so situate (other than immovable property) and seeks redemption of the charge, reconveyance of the property or delivery by the chargee of possession of the property but not a personal judgment;
(l) if the action begun by the writ is brought under the provisions of any written law relating to carriage by air.
(2)(There is no paragraph (2)).
(3)(There is no paragraph (3)).


2.Service out of the jurisdiction in certain actions of contract. (O. 11 r. 2) Where it appears to the Court that a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract, the Court may grant leave for service out of the jurisdiction of the notice of the writ by which an action in respect of the contract is begun.


3.Leave for service of notice of writ.
(O. 11 r. 3) Notice of a writ for service out of the jurisdiction must be in Form 11.


4.Application for, and grant of, leave to serve notice of writ out of jurisdiction. (O. 11 r. 4)
(1)An application for the grant of leave under rule 1 or 2 must be supported by an affidavit in Form 12 stating the grounds on which the application is made and that in the deponent’s belief, the plaintiff has a good cause of action, and showing in what place or country the defendant is, or probably may be found.
(2)No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.
(3)An order in From 13 granting under rule 1 or 2 leave to serve a notice of writ out of the jurisdiction must limit a time within which the defendant to be served must enter an appearance.


5.Service of notice of writ abroad: General. (O. 11 r. 5)
(1)Subject to the following provisions of this rule, Order 10, rule 1, and Order 62, rule 5, shall apply in relation to the service of a notice of a writ notwithstanding that the notice is to be served out of the jurisdiction.
(2)Nothing in this rule or in any order or direction of the Court made by virtue of shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.
(3)A notice of a writ which is to be served out of the jurisdiction need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected.
(4)Where a certificate under the following provisions of this rule is produced in relation to the service of notice of a writ in accordance with rule 6 or rule 7, Order 10 rule 1(4), shall not apply in relation to that service.
(5)An official certificate stating that a notice of a writ as regards which rule 6 has been complied with has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate–
(a) by a consular authority in that country; or
(b) by the Government or judicial authorities of that country; or
(c) by any other authority designed in respect of that country, under the Hague Convention, shall be evidence of the facts so stated.
(6)An official certificate by the Minister stating that notice of a writ has been duly served on a specified date in accordance with a request made under rule 7 shall be evidence of that fact.
(7)A document purporting to be such a certificate as is mentioned in paragraph (5) or (6) shall, until the contrary is proved, be deemed to be such a certificate.
(8)Where the defendant is in Singapore or Brunei, the notice of a writ may be sent by post or otherwise by the Registrar to Magistrate, Registrar, or other appropriate officer of any Court exercising civil jurisdiction in the area in which the person to be served is said to be or to be carrying on business for service on the defendant, and if it is returned with an indorsement of service and with an affidavit of such service, it shall be deemed to have been duly served.


6.Service of notice of writ abroad through foreign governments judicial authorities and Malaysian consuls or by plaintiff. (O. 11 r. 6) [Am. PU(A)342/2000 w.ef. 22 Sept 2000].
(1)Where in accordance with these rules notice of a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention providing for service in that country of process of the High Court, the notice may be served–
(a) through the judicial authorities of that country; or
(b) through a Malaysian consular authority in that country (subject to any provisions of the convention as to nationality of persons who may be so served).
(b) subject to any provision of the Convention as to the nationality of persons who may be so served-
(i) through a Malaysian Consular authority in that country; or
(ii) by the plaintiff or his agent. [Subs. PU(A)342/2000 w.ef. 22 Sept 2000]
(2)Where in accordance with these rules notice of a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the High Court, the notice may be served–
(a) through the Government of that country, where that Government is willing to effect service; or
(b) through a Malaysian consular authority in that country, except where service through such an authority is contrary to the law of that country. (b) except where service through a consular authority or by the plaintiff or his agent is prohibited by the law of that country-
(i) through a Malaysian Consular authority in that country; or
(ii) by the plaintiff or his agent. [Subs. PU(A)342/2000 w.ef. 22 Sept 2000]
(3)Where a person wishes to serve notice of a writ in any country–
(a) through the judical authorities of that country under paragraph (1); or
(b) through a Malaysian consular authority under paragraph (1) or (2); or
(c) through the Government of that country under paragraph (2); that person must lodge in the Registry a request in Form 14 for service of notice of the writ by that method, together with a copy of the notice and an additional copy thereof for each person to be served.
(4)Every copy of a notice lodged under paragraph (3) must be accompanied by a translation of the notice in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected: Provided that this paragraph shall not apply in relation to a copy of a notice which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a Malaysian consular authority on a Malaysian citizen, unless the service is to be effected under paragraph (1) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.
(5)Every translation lodged under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, of his address and of his qualifications for making the translation.
(6)Documents duly lodged under paragraph (3) shall be sent by the Registrar to the Secretary General to the Ministry of Foreign Affairs with a request that he arranges for the writ to be served by the method indicated in the request lodged under paragraph (3) or, where alternative methods are so indicated, by such one of those methods as is most convenient.


7.Service of notice of writ in certain actions under certain written law. (O. 11 r. 7)
(1)where a person to whom leave has been of granted under rule 1 to serve notice of a writ on a High Contracting Party to the Warsaw Convention being a writ beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the notice served on that Party, he must lodge in the Registry–
(a) a request for service to be arranged by the Minister; and
(b) a copy of the notice; and
(c) except where the official language of the High Contracting Party is, or the official languages of that Party include, English, a translation of the notice in the official language or one of the official languages of the High Contracting Party. (2)Rule 6(5) shall apply in relation to a translation lodged under paragraph (1) of this rule as it applies in relation to a translation lodged under paragraph (4) of that rule.
(3)Documents duly lodged under this rule shall be sent by the Registrar to the Secretary General to the Ministry of Foreign Affairs with a request that he arranges for the notice to be served on the High Contracting Party or the Government in question, as the case may be.


8.Undertaking to pay expenses of service incurred by Minister. (O. 11 r. 8) Every request lodged under rule 6(3) or rule 7 must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Minister in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Minister and to produce a receipt for the payment to the proper officer in the Registry.


9.Service of originating summons, petition, notice of motion etc. (O. 11 r. 9)
(1)Subject to paragraph (2), service out if the jurisdiction of an originating summons is permissible with the leave of the Court.
(2)Where the proceedings begun by an originating summons might have been begun by writ, service out of the jurisdiction of the originating summons is permissible as aforesaid if, but only if service of the notice of the writ out of the jurisdiction would be permissible had the proceedings been begun by writ.
(3)Where any proceedings are authorised by these rules or (apart from these rules) by or under any written law to be begun by originating motion or petition, service out of the jurisdiction of the notice of motion or of the petition is permissible with the leave of the Court.
(4)Service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court.
(5)Rule 4(1) and (2) shall, so far as applicable, apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2.
(6)An order granting under this rule leave to serve out of the jurisdiction an originating summons to which an appearance is required to be entered must limit a time within which the defendant to be served with the summons must enter an appearance.
(7)Rules 5, 6 and 8 shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to a writ.

12. ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS

12. Entry of Appearance to Writ or Originating Summons.

order 12. Entry of Appearance to Writ or Originating Summons

1.Mode of entering appearance. (O. 12 r. 1)
(1)Subject to paragraph (2) and to Order 76, rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a solicitor or in person.
(2)Except as expressly provided by any written law, a defendant to such an action who is a body corporate may not enter an appearance in the action or defend it otherwise than by a solicitor.
(3)An appearance is entered by properly completing the requisite documents, that is to say, a memorandum of appearance, as defined by rule 2, and a copy thereof, and handing them in at, or sending them by post to, the Registry.
(4)If two or more defendants to an action enter an appearance by the same solicitor and at the same time, only one set of the requisite documents need be completed and delivered for those defendants.

2.Memorandum of appearance. (O. 12 r. 2)
(1)A memorandum of appearance is a request to the Registry to enter an appearance for the defendant or defendants specified in the memorandum.
(2)A memorandum of appearance must be in Form 15 and both the memorandum of appearance and the copy thereof required for entering an appearance must be signed by the solicitor by whom the defendant appears or, if the defendant appears in person, by the defendant.
(3)A memorandum of appearance must specify–
(a) in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and
(b) in the case of a defendant appearing by a solicitor a business address of his solicitor’s within the jurisdiction, and where the defendant enters an appearance in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his solicitor’s business address shall be his address for service.
(4)If the Court is satisfied on application by the plaintiff that any address specified in the memorandum of appearance is not genuine, the Court may set aside the appearance.

3.Procedure on receipt of requisite documents. (O. 12 r. 3)
(1)On receiving the requisite documents an officer of the Registry must in all cases affix to the copy of the memorandum of appearance an official stamp showing the date on which he received those documents and enter the appearance in the cause book, and–
(a) if the requisite documents were handed in at the Registry, hand back that copy of the memorandum; and
(b) if they were sent by post, send that copy by post to the plaintiff or, as the case may be, his solicitor at the plaintiff’s address for service and also send by post to the defendant or, as the case may be, his solicitor at the defendant’s address for service a notice of appearance (stamped with an official stamp showing that date) stating that the defendant specified therein entered an appearance on that date.
(2)Where the defendant enters an appearance by handing in the requisite documents at the Registry, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff’s solicitor, at -the plaintiff’s address for service, the copy of the memorandum of appearance handed back to him under paragraph (1).
4.Time limited for appearing. (O. 12 r. 4)
References in these rules to the time limited for appearing are refernces– (a) in the case of a writ served within the local jurisdiction of each High Court in Malaya, to 8 days and served outside such local juridiction but within the jurisdiction of Malaya, to 12 days after service of the writ (including the day of service) or, where that time has been extended by or by virtue of these rules, to that time as so extended; and
(b) in the case if a writ served within Sarawak or Sabah, to 10 days after service of the writ (including the day of service) or in the case of a defendant whose place of residence or if an incorporated society whose registered office of busness is not within the Division or Residency in which is situated the Registry out of which the writ of summons was issued, 20 days after service of the writ (including the day of service);
(c) in the case of a notice of a writ served out of the jurisdiction, to the time limited under Order 10, rule 2(2), or Order 11, rule 4(3), or, where that time has been extended as aforesaid, to that time as so extended.


5.Late appearance. (O. 12 r. 5)
(1)A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.
(2)Except as provided by paragraph (1), nothing in these rules or any writ or order thereunder shall be construed as precluding a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.



6.Conditional appearance. (O. 12 r. 6) (1)A defendant to an action may with the leave of the Court enter a conditional appearance in Form 16 in the action.
(2)A conditional appearance, except by a person sued as a partner of a firm in the name of that firm and served as a partner, is to be treated for all purposes as an unconditional appearance unless the Court otherwise orders or the defendant applies to the Court, within the time limited for the purpose, for an order under rule 7 and the Court makes an order thereunder.

7.Application to set a side writ, etc. (O. 12 r. 7)
(1)A defendant to an action may at any time befire entering an appearance therein, or if he has entered a conditional appearance, within 14 days after entering the appearance, apply to the Court for an order setting aside the writ or service of the writ, or notice of the writ, on him, or declaring that the writ or notice has not been duly served on him or discharging any order giving leave to serve the notice on him out of the jurisdiction.
(2)An application under this rule must be made by summons.


8.Appearance to origination summons. (O. 12 r. 8)
(1)Subject to paragraph (2), an appearance must be entered to every originating summons (other than an ex parte originating summons) by each defendant named in and served with the summons.
(2)No appearance need be entered to an originating summons in any case or class of case in relation to which special provision to that effect is made by these rules or by or under any written law.
(3)Subject to the foregoing provisions of this rule, the foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ except that for the reference in rule 4(b) to Order 11, rule 4(3), there shall be substituted a reference to Order 11, rule 9(6).

13. DEFAULT OF APPEARANCE TO WRIT

13. Default of Appearance to Writ.
order 13.
Default of Appearance to Writ
1.Claim for liquidated demand. (O. 13 r. 1)
(1)Where a writ is indorsed with a claim against a defendant for a liquidated demand only, then, if that defendat fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2)A claim shall not be prevented from being treated for the purposes of this rule as a claim for a liquidated demand by reason only that part of the claim is for interest accruing after the date of the writ at an unspecified rate, but any such interest shall be computed from the date of the writ to the date entering judgment at the rate of 8 per cent.

2.Claim for unliquidated damages. (O. 13 r. 2)
Where a writ is indorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing,
enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.

3.Claim in detinue. (O. 13 r. 3)
Where a writ is indorsed with a claim against a defendant relating to the detention of moveable property only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, at his option enter either–
(a) interlocutory judgment against the defendant for the delivery of the property or their value to be assessed and costs; or
(b) nterlocutory judgment for the value of the property to be assessed and costs; and proceed with the action against the other defendants, if any.

4.Claim for possession of immovable property. (O. 13 r. 4)
(1)Where a writ is indorsed with a claim against a defendant for possession of immovable property only, then, if that defendant fails to enter an appearance the plaintiff may, after the time limited for appearing, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 83, rule 1, enter judgment for possession of the immovable property as against that defendant and costs, and proceed with the action against the other defendants, if any.
(2)Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the immovable property has been entered against all the defendants.

5.Mixed claims. (O. 13 r. 5)

Where a writ issued against any defendant is indorsed with two or more of the claims mentioned in the foregoing rules, and no other claim, then, if that defendant fails to enter an appearance the plaintiff may, after the time limited for appearing, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under these rules if that were the only claim indorsed on the writ, and proceed with the action against the other defendants, if any.

6.Other claims. (O. 13 r. 6)
(1)Where a writ is indorsed with a claim of a description not mentioned in rules 1 to 4, then, if any defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and upon filing an affidavit proving due service of the writ on that defendant and, where the
statement of claim was not indorsed on or served with the writ, upon serving a statement or claim on him, proceed with the action as if that defendant had entered an appearance.
(2)Where a writ issued against a defendant is indorsed as aforesaid, but by reason of the defendant’s satisfying the claim or complying with the demands thereof or any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails
to enter an appearance, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.
(3) An application for leave to enter judgment under paragraph (2) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 62, rule 10, be
served on the defendant against whom it is sought to enter judgment.

7.Proof of service of writ. (O. 13 r. 7)
(1)Judgment shall not be entered against a defendant under this Order unless–
(a) the plaintiff produces a certificate of non-appearance in Form 17; and
(b) either an affidavit is filed by or on behalf of the plaintiff proving due service of the writ or notice of the writ on the defendant, or the plaintiff produces the writ indorsed by the defendants’s solicitor with a statement that he accepts service of the writ on the defendant’s behalf.
(2)Where, in an action begun by writ, an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party is in default of appearance.

8.Setting aside judgment. (O. 13 r. 8)
The Court may, on such terms as it thinks just set aside or vary any judgment entered in pursuance of this Order.

14. SUMMARY JUDGMENT

14. Summary Judgment.
order 14.
Summary Judgment
1.Application by plaintiff for summary judgment. (O. 14 r. 1)
(1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that defendant has no defence to a claim included in the writ, or to a particular part or
such a claim. or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.
(2) Subject to paragraph (3), this rules applies to every action begun by writ other than one which includes–
(a) a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of fraud.
(3) This Order shall not apply to an action to which Order 81 applies.
2.Manner in which application under Rule 1 must be made. (O. 14 r. 2)
(1) An application under rule 1 must be made by summons supported by an affidavit in Form 18 verifying the facts on which the claim, or the part of a claim, to which the application relates is based and stating that in the deponent’s belief there is no defence to that claim or part, as the case
may be, or no defence except as to the amount of any damages claimed.
(2) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(3) The summons, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant not less than 4 clear days before the return day within 14 days from
the date of issue of the summons.
[Am. PU(A)342/2000 w.e.f. 22 Sept 2000]
2A. Affidavits. (O. 14, r. 2A) .

Order 32, rule 13(2) shall apply mutatis mutandis to all affidavits in respect of an application under this Order.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
3.Judgment for plaintiff. (O. 14 r. 3)
(1) Unless on the hearing of an application under rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or the part of a claim, to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having regard to the
nature of the remedy or relief claimed.
(2) The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this rule until after the trial of any counterclaim
made or raised by the defendant in the action.
4.Leave to defend. (O. 14 r. 4)
(1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.
(2)Rule 2(2) applies for the purposes of this rule as it applies for the purposes of that rule.
(3) The Court may give a defendant against whom such an application is made leave to defend the action with respect to the claim, or the part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it
thinks fit.
(4) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer
thereof, or any person purporting to act in any such capacity–
(a) to produce any document;
(b) if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.
5.Application for summary judgment on counterclaim. (O. 14 r. 5)

(1)Where a defendant to an action begun by writ has served a counterclaim on the plantiff, then, subject, to paragraph (3), the defendant may, on the ground that the plaintiff has no defence to a
claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2)Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say–
(a) references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;
(b) the words in rule 3(2) "any counterclaim made or raised by the defendant in" shall be omitted; and
(c) the references in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.
(3)This rule shall not apply to counterclaim which includes any such claim as is referred to in rule 1(2).
6.Directions. (O. 14 r. 6)
(1)Where the Court–
(a) orders that a defendant or a plaintiff has leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim; or
(b) gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be,
the Court may give directions as to the further conduct of the action and Order 25, rules 2 to 7 shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a summons for directions.
(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by the Registrar under the provisions of these rules relating to the trial of causes or matters or questions or issues by the Registrar.

7.Costs. (O. 14 r. 7)
(1) If the plaintiff makes an application under rule 1 where the case is not within this Order or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, without prejudice to 9, and, in
particular, to rule 4(1) thereof, the Court may dismiss the application with costs and may require the costs to be paid by him forthwith.
(2) The Court shall have the same power to dismiss an application under rule 5 as it has under paragraph (1) to dismiss an application under rule 1, and that paragraph shall apply accordingly with the necessary modifications.
8.Right to proceed with residue of action or counterclaim. (O. 14 r. 8)
(1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.
(2) Where on an application under rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.
9.Judgment for delivery up of movable property. (O. 14 r. 9)
Where the claim to which an application under rule 1 or rule 5 relates if for the delivery up of a specific movable property and the Court gives judgment under this Order for the applicant, it
shall have the same power to order the party against whom judgment is given to deliver up the property without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.
10.Relief against forfeiture. (O. 14 r. 10)
A tenant shall have the same right to apply for relief after judgment for possession of immovable property on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial.
11.Setting aside judgment. (O. 14 r. 11)
Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 5 may be set aside or varied by the Court on such terms as it think just.

14A. DISPOSAL OF CASE ON POINT OF LAW

14A. Disposal of Case on Point of Law.
Order 14A
DISPOSAL OF CASE ON POINT OF LAW
1. Determination of questions of law or construction. (O. 14A, r. 1) .
(1) The Court may upon the application of a party or of its own motion determine any
question of law or construction of any document arising in any cause or matter at any
stage of the proceedings where it appears to the Court that-
(a) such question is suitable for determination without the full trial of the
action; and
(b) such determination will finally determine the entire cause or matter or
any claim or issue therein.
(2) Upon such determination the Court may dismiss the cause or matter or make such
order or judgment as it thinks just.
(3) The Court shall not determine any question under this Order unless the parties have
had an opportunity of being heard on the question.
(4) The jurisdiction of the Court under this Order may be exercised by a Registrar.
(5) Nothing in this Order shall limit the powers of the Court under Order 18, rule 19, or
any other provision of these rules.
2. Manner in which applications under rule 1 may be made. (O. 14A, r. 2) .
An application under rule 1 may be made by summons or motion or (notwithstanding
Order 32, rule 1) may be made orally in the course of any interlocutory application to the
Court.
[Ins. PU(A) 342/2000]

15.CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

Order 15.
Causes of Action, Counterclaims and Parties
1.Joinder of causes of action. (O. 15 r. 1)

(1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action–
(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity is respect of all the causes of action; or
(b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or
(c) with the leave of the Court.
(2) An application for leave under this rule must be made ex parte by summons supported by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the application.
2.Counterclaim against plaintiff. (O. 15 r. 2)
(1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.
(2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.
(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court’s discretion with respect to costs.
3.Counterclaim against additional parties. (O. 15 r. 3)
(1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claim against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.
(2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person’s name to the title of the action and serve on him a copy of the counterclaim; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.
(3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.
(4) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these rules, namely, Order 10 (except rule 1(4)), Orders 11 to 13 and Order 70, rule 3, shall, subject to the last foregoing paragraph, apply in relation to the counterclaim and the proceedings arising from it as if–
(a) the counterclaim were a writ and the proceedings arising from it an action; and
(b) the party making the counterclaim were a plaintiff and the party against whom it is
made a defendant in that action.
(5) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form 19, addressed to that person–
(a) stating the effect of Order 12, rule 1, as applied by paragraph (4); and
(b) stating that he may enter an appearance in Form 20 and explaining how he may do so.
4.Joinder of parties. (O. 15 r. 4)
(1) Subject to rule 5(1), two or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where–
(a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions; and
(b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.
(2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any written law and unless the Court give leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant. This paragraph shall not apply to a probate action.
(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceeding in the action until the other persons so liable are added as defendants.
5.Court may order separate trials, etc. (O. 15 r. 5)
(1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the cause may be, may embarass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.
(2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.
6.Misjoinder and non-joinder of parties. (O. 15 r. 6)
(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.
(2) At any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application–
(a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;
(b) order any of the following persons to be added as a party, namely–
(i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or
(ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter. but no person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.
(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.
6A.Proceedings against estates. (O. 15 r. 6A)
(1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.
(2) Without prejudice to the generality of paragraph (1), an action brought against "the personal representatives of A, B, deceased" shall be treated, for the purposes of that paragraph, as having been brought against his estate.
(3) An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.
(4)In any such action as is referred to in paragraph (1) or (3)–
(a) the plaintiff shall, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings or, if a grant of probate or administration has been made for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate;
(b) the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in subparagraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.
(5) Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit.
(5A) Where an order is made under paragraph (4) appointing the Official Administrator to represent the deceased’s estate, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Official Administrator, directs that the appointment shall extend to taking further steps in the proceedings.
(6) Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4) shall apply as if the order had been made under rule 7 on the application of the plaintiff.
(7) Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.
7.Change of parties by reason of death, etc. (O. 15 r. 7)
(1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.
(2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first mentioned party.
An application for an order under this paragraph may be made ex parte.
(3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of their record, or on the same side but in a different capacity; but–
(a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side; and
(b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.
(4) The person on whose application an order is made under this rule must procure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun.
(5) Any application to the Court by a person served with an order made ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.
8.Provisions consequential on making of order under rule 6 or 7 (O. 15 r. 8)
(1) Where an order is made under rule 6 the writ by which the action in question was begun must be amended accordingly and must be indorsed with–
(a) a reference to the order in pursuance of which the amendment is made; and
(b) the date on which the amendment is made;
and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.
(2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.
(3) Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to entry of appearance shall apply accordingly to entry of appearance by him, subject, in the case of a person to be made a defendant by an order rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book. The entry of appearance must be in Form 21.
(4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until–
(a) where the order is made under rule 6, the writ has been amended in relation to him
under this rule and (if he is a defendant) has been served on him; or
(b) where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order is not required to be served on him, the order has been noted in the cause book; and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of appearance by the old party shall not dispense with entry of appearance by the new in Form 21.
(5) The foregoing provisions of this rule shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.
9.Failure to proceed after death of party. (O. 15 r. 9)
(1) If after the death of a plaintiff or defendant in any action the cause or action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested person who, in the opinion of the Court, shall be notified.
(2) where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.
10.Actions for possession of immovable property. (O. 15 r. 10)
(1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of immovable property order any person not a party to the action who is in possession the immovable property (whether in actual possession or by a tenant) to be added as defendant.
(2) An application by any person for an order under this rule may be made by summons ex parte, supported by an affidavit showing that he is in possession of the immovable property in question and if by a tenant, naming him.
(3) A person added as a defendant by an order under this rule must serve a copy of the order on the plaintiff and must enter an appearance in the action within such period, if any, as may be specified in the order or, if no period is so specified, within 7 days after the making of the order, and the rules as to entry of appearance shall apply accordingly to entry of appearance by him.
11.Relator actions. (O. 15 r. 11)
Before the name of any person is used in any action as a relator, that person must give a written authorisation so to use his name to his solicitor and the authorization must be filed in the Registry.
12.Representative proceedings. (O. 15 r. 12)
(1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them.
(2) At any stage of proceedings under this rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued to represent all or all except one or more, of those person in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant.
(3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
(4) An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order.
(5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, that person may dispute liability to have the or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability.
(6) The Court hearing an application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined.

13.Representation of interested persons who cannot be ascertained, etc. (O. 15 r. 13)
(1) In any proceedings concerning–
(a) the administration of the estate of a deceased person; or
(b) property subject to a trust; or
(c) the construction of a written instrument, including a statute, the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in paragraph (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings.
(2) The conditions for the exercise of the power conferred by paragraph (1) are as follows:
(a) that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;
(b) that the person, class or some member of the class, though ascertained, cannot be found;
(c) that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.
(3) Where in any proceeding to which paragraph (1) applies, the Court exercises the power conferred by the paragraph, a judgment or order of the Court given or made when the person or persons appointed is exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed.
(4) Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but–
(a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise; or
(b) the absent persons are represented by a person appointed under paragraph (1) who so assent, the Count, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure of material facts.
14. Representation of beneficiaries by trustees, etc. (O. 15 r. 14)
(1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interest of those persons in the first-mentioned proceedings.
(2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13. 15.Representation of deceased person interested in proceedings. (O. 15 r. 15)
(1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit. 16.Declaratory judgment. (O. 15 r. 16)
No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not consequential relief is or could be claimed.
17.Conduct of proceedings. (O. 15 r. 17)
The Court may give the conduct of any action, inquiry or other proceeding to such person as it thinks fit.

18.Petition to sue defend or proceed as a pauper. (O. 15 r. 18)
(1) Any poor person, before commencing or defending any action or instituting any other proceeding in the Court in his own right, or becoming poor during the progress thereof, may apply to the Court or a Judge by petition for leave to sue, defend or proceed as a pauper.
(2) The petition shall set forth fully all the material facts of the case and shall state that the applicant is not possessed of property (excluding wearing apparel, and the subject matter of the proceedings) exceeding five hundred ringgit in value, and shall be verified by the oath of the petitioner.
(3) The Registrar shall make such enquiry as he may think proper as to the means of the petitioner and may require him to attend to answer questions on oath or affirmation.
(4) A copy of the petition shall be served on the other party to the action or proceeding, or on the intended opposite party to the projected action or proceeding, as the case may be, and he shall be entitled to be heard thereon.
(5) If satisfied that the petitioner’s means are as alleged in the petition the Court or a Judge may refer the petition to a Solicitor who shall make a report in writing, addressed to the Registrar, stating whether in his opinion the petitioner has a good cause of action or a good defence, as the case may be.
(6) On receipt of such report, the Court or a Judge may admit the petitioner (hereinafter called the "Pauper") to sue or defend, as the case may be, as a pauper and shall thereupon appoint an advocate and solicitor (hereinafter called the "pauper’s solicitor") to represent such pauper.
(7) A pauper’s solicitor shall not refuse to act unless he satisfies the Court or a Judge that he has good reason for refusal.
19.No Court fees to be charged. (O. 15 r. 19)
(1) No Court fees shall be charged in respect of any application under rule 18, nor, except as is hereinafter provided, shall any pauper be liable for any Court fees.
(2) When costs have been awarded to be paid to a pauper, the fees of the Court, which would have been payable by him if not a pauper shall be a first charge upon any sums recovered by him in the action.
(3) When any sum has been recovered by him and not applied in payment of such fees of Court as aforesaid, the Registrar may refuse to allow any further proceedings on behalf of such pauper to be taken in such action until the sum recovered has been applied in payment of such fees.
20. Pauper’s solicitor not to take fees. (O. 15 r. 20)
(1) Subject to the provisions of rules 23 and 24 of this Order pauper’s solicitor shall not take or agree to take or seek to obtain from the pauper any fee, profit, or reward for the conduct of the proceedings in the cause or matter.
(2) If it appears to the Court or a Judge that any pauper has given or agreed to give any such fee, profit or reward, he shall be forthwith dispaupered and shall not afterwards be admitted to sue or defend as a pauper in the same cause or matter.
21.Leave of Court or Judge to discontinue, settle or compromise. (O. 15 r. 21)
(1) No pauper and no pauper’s solicitor in any proceedings shall discontinue, settle or compromise such proceedings without the leave of the Court or a Judge.
(2) No pauper shall discharge his solicitor without the leave of the Court or a Judge.
(3) No pauper’s solicitor shall be at liberty to discontinue his services unless he satisfies the Court or a Judge that he has reasonable grounds for a discontinuing.
22.Notice of motion, etc., to be signed by solicitor. (O. 15 r. 22)
Every notice of motion, summons or petition on behalf of a pauper (except an application for the discharge of his solicitor) shall be signed by his solicitor.
23.Costs. (O. 15 r. 23)
(1) Unless the Court or a Judge shall otherwise order, no pauper shall be liable to pay costs to any other party, or be entitled to receive from any other party any profit costs or charges; and where costs are ordered to be paid to a pauper they shall be taxed, and on such taxation the Registrar may allow any out-of-pocket expenses (but not office expenses) properly incurred in the course of the proceedings.
(2) When it appears to the Court or a Judge that the special circumstances of the case require it, the Court or Judge may order that such costs shall include profit costs and charges, but not fees to counsel.
24.Solicitor’s fees out of any money received by pauper. (O. 15 r. 24)
The Court or a Judge may order payment to the pauper’s solicitor, out of any money received by the pauper in the cause, or may charge in favour of the pauper’s solicitor any property so recovered by a pauper, of or with such sum in respect of costs (not including fees of coursel) as would have been allowed to the pauper’s solicitor on taxation between himself and his client if he had been retained by his client in the ordinary manner (less such amount as may be recovered from any other party) or such other sum in respect of costs as to the Court or a Judge may seem fit, provided that the total amount so to be paid out for profit costs, or so charged upon the said property for profit costs, shall not in either case exceed one-fourth of the amount or value recovered and remaining after the deduction of all proper disbursements made by the pauper’s solicitor.
25.Appeal as a pauper. (O. 15 r. 25)
The preceding rules relating to paupers shall apply to persons who, not having sued or defended as paupers in a Court of first instance, desire to appeal as paupers to the Supreme Court, and to paupers who are respondents to any appeal; but no person who has been admitted to sue or defend as a pauper in any proceedings shall be admitted to appeal as a pauper to the Supreme Court without the leave of a Judge or of the Supreme Court, and in case of his being so admitted, he shall not be required to give security for the costs of the appeal.
26.Deprivation of privilege as a pauper. (O. 15 r. 26).
(1) Any person admitted under these rules to sue or defend as a pauper in any Court may for any sufficient reason be deprived by the Court before whom the proceedings are pending of all the privileges of such admission.
(2) Any such order may be made of the Court’s own motion or on application by another party to the proceedings.