62. Service of Documents.
ORDER 62
SERVICE OF DOCUMENTS
1. When personal service required. (O. 62 r. 1)
(1) Any document which be virtue of these rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these rules or by order of the Court is required to be so served.
(2) Paragraph (1) shall not affect the power of the Court under any provision of these rules to dispense with the requirement for personal service.
(3) No service of writ shall be required where the defendant or his solicitor undertakes in writing to accept service and enter an appearance.
2. (There is no rule 2.)
3. Personal service: How effected. (O. 62 r. 3)
Personal service of a document is effected by leaving a copy of the document with the person to be served and, if so requested by him at the time when it is left, showing him–
(a) in the case where the document is a writ or other originating process, the sealed copy; and
(b) in any other case, an office copy.
4. Service on corporations. (O. 62 r. 4)
(1) Where an action is against a corporation, the writ may be served–
(a) by leaving a copy of it at the registered office (if any) of the corporation; or
(b) by sending a copy of it by registered post addressed to the corporation at the office, or, if there be more offices than one at the principal office of the corporation, whether such office be situated within Malaysia or elsewhere; or
(c) by handing a copy of it to the secretary or to any director or other principal office of the corporation; or
(d) in the case of a foreign company registered under Part XI of the Companies Act 1965 (Act 125) by handing a copy of it to, or sending the same by registered post to, a person authorized to accept service of process on behalf of the foreign company.
(2) The rule does no restrict the operation of the provisions of any written law as to service on any particular person or authority.
(3) Where service is effected under this rule, the person served shall be entitled on demand to inspect the original writ.
4A. [Deleted] [P.U. (A) 223/80].
5. Substituted service. (O. 62 r. 5)
(1) If, in the case of any document which by virtue of any provision of these rules is required to be served personally on any person, it appears to the Court that it is impracticable for any reason to serve that document personally on that person, the Court may make an order in Form 135 for substituted service of that document.
(2) An application for an order for substituted service must be made by summons supported by an affidavit in Form 136 stating the facts on which the application is founded.
(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.
6. Ordinary service: How effected. (O. 62 r. 6)
(1) Service of any document, not being a document which by virtue of any provision of these rules is required to be served personally, may be effected–
(a) by leaving the document at the proper address of the person to be served; or
(b) by prepaid registered post; or
(c) in such other manner as the Court may direct.
(2) For the purposes of this rule, and of section 2 of the Interpretation Act 1967 (23/67), in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be–
(a) in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected; or
(b) in the case of an individual, his usual or last known address; or
(c) in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction; or
(d) in the case of a body corporate, the registered or principal office of the body.
(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any written law which provides for the manner in which documents may be served on bodies corporate.
7. Service on Minister. etc. in proceedings which are not by or against the Government. (O. 62 r. 7)
Where for the purpose of or in connection with any proceedings in the High Court, not being civil proceedings by or against the Government within the meaning of Part III of the Government Proceedings Ordinance 1956 (58/56), any document is required by any written law or these rules to be served on the Minister of a Government department which is an authorized department for the purposes of that Ordinance, or on such a department or on the Attorney General, section 20 of the said Ordinance of 1956 and Order 73, rule 3, shall apply in relation to the service of the document as they apply in relation to the service of the documents required to be served on the Government for the purpose of or in connection with any civil proceedings by or against the Government.
8. Effect of service after certain hours. (O. 62 r. 8)
Any document (other than a writ of summons or other originating process) service of which is effected under rule 3 or under rule 6(1)(a) after 12 noon on a day preceding the weekly holiday or after 4 in the afternoon on any other weekdays, shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the day following that day preceding the weekly holiday or on the day following that other weekday, as the case may be.
9. Affidavit of service. (O. 62 r. 9)
An affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how and must be in one of the forms in Form 137.
10. No service required in certain cases. (O. 62 r. 10)
Where by virtue of these rules any document is required to be served on any person but is not required to be served personally, and at the time when service is to be effected that person is in default as to entry of appearance or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these rules otherwise provides.
11. Service of notices from High Court. (O. 62 r. 11)
Notices sent from any office of the High Court may be sent by post; and the time at which the notice so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof, and the posting thereof shall be a sufficient service. But nothing in this rule shall prevent any party from establishing, if such be the case, that he has not been so served.
12. Service where no appearance an address for service. (O. 62 r. 12)
Where no appearance has been entered for a party, or where a party or his solicitor, as the case may be, has omitted to give an address for service, all writs, notices, pleadings, orders, summonses, warrants and other documents, proceedings, and written communications in respect of which personal service is not requisite may be served by filing them with the proper officer.
13. Service upon solicitor or party formerly, appearing in person. (O. 62 r. 13)
Where a party after having sued or appeared in person has given notice in writing to the opposite party or his solicitor, through a solicitor, that such solicitor is authorized to act in the cause or matter on his behalf, all writs, notices, pleadings, summonses, orders, warrants, and other documents, proceedings, and written communications which ought to be delivered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such solicitor.
ORDER 62
SERVICE OF DOCUMENTS
1. When personal service required. (O. 62 r. 1)
(1) Any document which be virtue of these rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these rules or by order of the Court is required to be so served.
(2) Paragraph (1) shall not affect the power of the Court under any provision of these rules to dispense with the requirement for personal service.
(3) No service of writ shall be required where the defendant or his solicitor undertakes in writing to accept service and enter an appearance.
2. (There is no rule 2.)
3. Personal service: How effected. (O. 62 r. 3)
Personal service of a document is effected by leaving a copy of the document with the person to be served and, if so requested by him at the time when it is left, showing him–
(a) in the case where the document is a writ or other originating process, the sealed copy; and
(b) in any other case, an office copy.
4. Service on corporations. (O. 62 r. 4)
(1) Where an action is against a corporation, the writ may be served–
(a) by leaving a copy of it at the registered office (if any) of the corporation; or
(b) by sending a copy of it by registered post addressed to the corporation at the office, or, if there be more offices than one at the principal office of the corporation, whether such office be situated within Malaysia or elsewhere; or
(c) by handing a copy of it to the secretary or to any director or other principal office of the corporation; or
(d) in the case of a foreign company registered under Part XI of the Companies Act 1965 (Act 125) by handing a copy of it to, or sending the same by registered post to, a person authorized to accept service of process on behalf of the foreign company.
(2) The rule does no restrict the operation of the provisions of any written law as to service on any particular person or authority.
(3) Where service is effected under this rule, the person served shall be entitled on demand to inspect the original writ.
4A. [Deleted] [P.U. (A) 223/80].
5. Substituted service. (O. 62 r. 5)
(1) If, in the case of any document which by virtue of any provision of these rules is required to be served personally on any person, it appears to the Court that it is impracticable for any reason to serve that document personally on that person, the Court may make an order in Form 135 for substituted service of that document.
(2) An application for an order for substituted service must be made by summons supported by an affidavit in Form 136 stating the facts on which the application is founded.
(3) Substituted service of a document, in relation to which an order is made under this rule, is effected by taking such steps as the Court may direct to bring the document to the notice of the person to be served.
6. Ordinary service: How effected. (O. 62 r. 6)
(1) Service of any document, not being a document which by virtue of any provision of these rules is required to be served personally, may be effected–
(a) by leaving the document at the proper address of the person to be served; or
(b) by prepaid registered post; or
(c) in such other manner as the Court may direct.
(2) For the purposes of this rule, and of section 2 of the Interpretation Act 1967 (23/67), in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be–
(a) in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected; or
(b) in the case of an individual, his usual or last known address; or
(c) in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction; or
(d) in the case of a body corporate, the registered or principal office of the body.
(3) Nothing in this rule shall be taken as prohibiting the personal service of any document or as affecting any written law which provides for the manner in which documents may be served on bodies corporate.
7. Service on Minister. etc. in proceedings which are not by or against the Government. (O. 62 r. 7)
Where for the purpose of or in connection with any proceedings in the High Court, not being civil proceedings by or against the Government within the meaning of Part III of the Government Proceedings Ordinance 1956 (58/56), any document is required by any written law or these rules to be served on the Minister of a Government department which is an authorized department for the purposes of that Ordinance, or on such a department or on the Attorney General, section 20 of the said Ordinance of 1956 and Order 73, rule 3, shall apply in relation to the service of the document as they apply in relation to the service of the documents required to be served on the Government for the purpose of or in connection with any civil proceedings by or against the Government.
8. Effect of service after certain hours. (O. 62 r. 8)
Any document (other than a writ of summons or other originating process) service of which is effected under rule 3 or under rule 6(1)(a) after 12 noon on a day preceding the weekly holiday or after 4 in the afternoon on any other weekdays, shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on the day following that day preceding the weekly holiday or on the day following that other weekday, as the case may be.
9. Affidavit of service. (O. 62 r. 9)
An affidavit of service of any document must state by whom the document was served, the day of the week and date on which it was served, where it was served and how and must be in one of the forms in Form 137.
10. No service required in certain cases. (O. 62 r. 10)
Where by virtue of these rules any document is required to be served on any person but is not required to be served personally, and at the time when service is to be effected that person is in default as to entry of appearance or has no address for service, the document need not be served on that person unless the Court otherwise directs or any of these rules otherwise provides.
11. Service of notices from High Court. (O. 62 r. 11)
Notices sent from any office of the High Court may be sent by post; and the time at which the notice so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof, and the posting thereof shall be a sufficient service. But nothing in this rule shall prevent any party from establishing, if such be the case, that he has not been so served.
12. Service where no appearance an address for service. (O. 62 r. 12)
Where no appearance has been entered for a party, or where a party or his solicitor, as the case may be, has omitted to give an address for service, all writs, notices, pleadings, orders, summonses, warrants and other documents, proceedings, and written communications in respect of which personal service is not requisite may be served by filing them with the proper officer.
13. Service upon solicitor or party formerly, appearing in person. (O. 62 r. 13)
Where a party after having sued or appeared in person has given notice in writing to the opposite party or his solicitor, through a solicitor, that such solicitor is authorized to act in the cause or matter on his behalf, all writs, notices, pleadings, summonses, orders, warrants, and other documents, proceedings, and written communications which ought to be delivered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such solicitor.
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