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.