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.
