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There is a procedure for obtaining judgment without trial. It is applicable


to a case which is virtually incontestable or would not be or ought not to
be contested. The ordinary procedure is set out in (Summary Procedure).
It applicable in most civil action. But certain action requires special rules.
Summary Judgment in specific performance and for possession of land
are dealt with in at [O. 81] .

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The application made under O. 14 for a judgment is known as Summary


Judgment or an O.14 Judgment. The object of O. 14 Is to enable the P (or
Defendant in a counter claim) to obtain early judgment in cases where the
D (or P In the counter claim) has no hope of success and any defence he
raises will mere have the effect of delaying judgment.

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(1) [O. 14 r. 1(2)]


(a) Actions for liable , slander, malicious prosecution , breach of promise
to marry, false imprisonment, seduction.
(b) A claim based on allegation of fraud.

(2) [10. 14 r. 1 (3) ]


O. 14 shall not apply to an action to which O. 81 applies e.g. Specific
Performance, rescission, forfeiture where action not begun by writ.

(3) [O. 73 r. 5(1) ]


O. 14 cannot apply for summary judgment against government.

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[O. 14 r. 1] where:-

(a) a statement of claim has been served on D by P


(b) D has entered an appearance / file defence.

Then the P may apply for a summary judgment on the ground for;
(a) D has no defence to a claim included in the writ; or
(b) D has no defence to a particular part of such claim; or
(c) Has no defence to such a claim or part except the amount of damages
claimed.

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(1) Application for summary judgment must be made by summon


supported by an affidavit in Form 18 stating, (a) the facts on which the
claim arises, (b) Deponents belief that there is no defence to the claim
or any part thereof except to the amount of damages claimed.

(2) The summons, a copy of the affidavit in support and any exhibit
referred to, therein must be served on the D not less than 4 clear days
before the return day (hearing day).

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In an application for summary judgment, an affidavit was filed, but it
(affidavit) contains varies defect and irregularities, H/ever the court
stated that the failure to comply with any of the technical requirements,
has In no way prejudiced or embarrass the defendant in the application
and therefore did not render the proceeding void.

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´ven assuming the original affidavit was defective that defect can be cured
by the supplementary affidavit,

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ËIn order to get summary judgment, the mandatory requirement in the rules
must be complied with, Application for summary judgment in this case was
dismissed because P failed to stayed in his affidavit that In his belief there
was no defence to the action. $% &^'# in dismissing the Plaintiff's
application stated ...(1) the clear provision of O. 14 r.1 (a) and 0. 14 A r.
1(1) are mandatory and they must be complied with if a P wants to get
judgment w/out any trial what so ever.

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It was held that the requirement under C. 14 r. 2(1) is a condition precedent
to the court to make an order under O. 14.

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(1) Defendant may show cause against an application for summary


judgment by P under rule 1 by an affidavit or otherwise to the
satisfaction of the court.

(2) The court may give the D against whom such application is made,
leave to defend the action with respect to the claim or part of the claim,
to which the application relates either unconditionally or such terms as to
giving security or time or mode of trial or otherwise as it thinks fit.

(3) On the hearing of such application the court may order D showing
cause or if the D 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 circumstance which
make it desirable that he should do so to attend and be examined on oath.

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(1) where the D to an action begun by writ has served a


counterclaim on P subject to para 3, the D may on the ground
that the P has no defence to a claim made in a counter claim
or to a particular part of such a claim, apply to court for a
judgment against P.

(2) the rule shall not apply to a counter claim, which includes
any such claim as referred to in 0.14 r.1 (2) e.g. libel, slander,
malicious prosecution & etc

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(1) If the court is satisfied, the court may give such summary
judgment for the Plaintiff against the defendant on that claim or
part, as may be just, after having regard to the nature of remedy
or relief claimed.
(2) The court has discretion to order a stay of execution of any
judgment given against defendant.

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If the P makes the application under Rule 1, where the case is not
within this order, or if it appears to the court that the P knew that
the D relied on a contention which would entitle him to an
unconditional leave to defend, the court may dismiss the
application the application with cost.

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here the court
(a) orders that the D has leave to defend the action or counter claim ,or
(b) gives a judgment for the P or D in a counter claim etc but also orders stay of
execution the court may give directions as to the further conduct of the action. If
the court so direct O. 25 r. 2 to 7 shall requires party to serve a notice specifying
their orders and direction which they require, with any other necessary
modification.

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Any judgment given against a party who does not appear at the hearing of an
application under r.1 or r.5 may be set aside or varied by the court on such terms
as it thinks just.

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1
[0. 81 r.1]

(1) In any action begun writ indorsed with a claim;


(a) for specific performance of an agreement for the sale, purchase or
exchange of any property or for the grant assignment of a property.
(b) for rescission cancel of such agreement.
(c) for forfeiture or return of any deposit made under such agreement
The Plaintiff may on the ground that the D has no defence to the action
apply to the court for summary judgment.
(2) application may be made under this rule whether the D hits or has
not entered any appearance in the action.

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(1) Application must be made by summons supported by
an affidavit made by some person who can swear
positively to the facts, verifying the cause of action and
stating that in his belief there Is no defence to the action.
(2) The summons must set out or have attached thereto
minutes of the judgment sought by the P.
(3) The summon, copy of the affidavit in support and
any exhibits must be served on D not less than 4 clear
days before the return day (hearing day).

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(1) The court may give judgment for the P. In this action if ie D fails to satisfy
the court that there is an issue or question in dispute which ought to be tried.


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(1) A defendant may show cause against an application under r. 1 by affidavit or


other wise to the satisfaction of the court.
(2) The court may give leave to defend the action either unconditionally or on
such terms as to giving security.
(3) On the hearing of such application, the court may order the 0 showing cause
(a) to produce any document
(b) if it appears to court that there are special circumstances which make it
desirable that he should do so, to attend and to be examine on oath

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here the court orders that the D has leave to defend the action, the
court shall give directions as to the further conduct of the action. If the
court so direct, O. 25 r. 7 shall requires party to serve a notice
specifying their orders and direction which they require with any other
necessary modification.

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If the P makes the application under Rule 1, where the case is not
within this order, or if It appears to the court that the P knew that the D
relied on a contention which would entitle him to an unconditional
leave to defend, the court may dismiss the application the application
with cost.

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Any judgment given against a D who does not appear at the hearing of
an application under Rule 1 may be set aside or varied by the court on
such terms as it thinks just.


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hen the D has failed to an appearance within the time allowed


to him to do so. he is said to be in default of appearance . He is
also in default of appearance if the appearance entered by him is
faulty and has been struck out. In such a case the P is entitled to
enter judgment against him without trial : O. 13 r.1.
Here the P gets judgment in default of appearance.

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Advocate and Solicitor may not enter J-I-D without first giving
notice of his intention to do so and upon the expiry of 7 days after
which the notice is given the Advocate & Solicitor may proceed
to enter J-I-D. H/ever non-compliance with the above rule does
not render the J-l-D irregular.


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Judgment in default of appearance may be final or interlocutory:-

1. Final Judgment
The Plaintiff can seek for a final judgment i.e. proceed to levy execution
i.e. obtain payment of the sum adjudged as being due to him or for
possession of the land, as the case may be if the claim involves :-
(a) when the claims involve a liquidated damages: O. 13 r.1
(b) when the claims involve possession of immovable property (land) : O.
13 r. 4


G Interlocutory Judgment

The plaintiff can only sign interlocutory judgment i.e. judgment for
damages for an amount to be assessed at a later enquiry and for return of
the goods as the case may be if the claim involves:-
(a) claims for unliquidated judgment e.g. General Damages in Personal
Injury Claims. O. 13 r. 2
(b) claims involving movable property : O. 13 r. 3 Damages must be
assessed first before the JID can be enforced. O. 37
(c) hen the claim is mixed the judgment may be final as to one part and
interlocutory as to the other part. O. 13 r. 5 e.g if liquidated damages or
possession of immovable property - enter final judgment. But if
unliquidated damages or movable property can enter JID, damages to be
assessed


(d) in other claims such as matters concerning specific performance,
rectification declaration, injunction and accounts, no judgment in
defaults of appearance can be obtained. The action must be proceed to
trial as if the defendant had entered an appearance. 0.13 r. 6

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The FC held that in the case of specific performance judgments in
default of appearance may not be obtained.
*Final judgment means when a judgment declares finally the rights of
the parties and there remains nothing more to be done.

Interlocutory judgment means a judgment merely declares the rights of


the parties and there remains something further to be done.
Liquidated damages is in which the amount of damages is ascertained.

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To obtain judgment in default of appearance the P must:-


(a) file an affidavit of service in Form 137 proving due
service of the writ O. 13 r. 7(1) (a).
(b) Plaintiff has obtained a certificate of non-appearance
by the defendant from the registry in Form 17 and produce
it. 0.13 r.7(1)(a).
(c) The time for appearance has passed and no appearance
has been entered.
(d) The endorsement of service on the writ has been duly
completed. O.10 r. 1(4)


(e) The court must be satisfied before judgment in default of
appearance, the writ has been duly served , time for
appearance has lapsed and the endorsement of service on the
writ has been duly completed.
(f) In addition if it is recovery of land no relief is claimed by
the P relating to a
charge action. O. 13 r. 4 and O. 83 r. 1

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If any of the above requirement has not been complied with,
any default judgment signed is irregular and may be set aside
at the costs of the Plaintiff. So, a judgment entered after
appearance is irregular.

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(1) here a judgment given in a course or a matter is presented for


entry at the Registry, it shall be entered by an officer of the registry
in the book kept for the purpose 0. 42 r. 10(1)
(2) The party seeking to Have such a judgment entered must draw up
the judgment and present it to a proper officer of a registry for entry
O. 42 r. 10(2)
(3) On entering any such judgment the proper officer shall file the
judgment and return a duplicate thereof to the party who presented to
it for entry. O. 42 r. 10(3)

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Default judgment cannot be obtained against the


government without leave of the court.
hen the government is sued in civil proceedings, the P
may not without leave from the court .enter judgment
against the government, in default of appearance or
pleadings. 0. 73 r. 7.
An application for leave under this rule must be made by
summons, and the summons must be served not less than 7
days before the return day.

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1. Judgments in default of appearance is judgment given to the P without the


court hearing the merits of the P's case. The court has absolute discretion to
set aside the judgment on the application of the D. O. 13 r. 8
2. The D must apply to set aside the judgment in default of appearance
within 30 days from the time the judgment is served on him. O. 42 r. 13

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The FC held that the court still has a discretion to set aside an irregular
judgment despite a long delay provided it is satisfied that:
(a) no one has suffered prejudice by reason of the Song delay in setting aside
the judgment.

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(b) even if the parties has suffered prejudice, they can be adequately
compensated with costs.
(c) it would be an oppression to allow the judgment to stand.
Judgment in default of appearance may be set aside :
(a) where the judgment is irregular e.g judgment obtained in non-compliance
with the rules of procedure or defective service. ! 7$&å ) 8
 
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(b) If the judgment is regular i.e. obtained in compliance of procedure, then
the court may use its discretion and set the judgment aside if then the D cant
show a prima facie defense in his affidavit

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The Court has jurisdiction to amend judgment in default of appearance
instead of selling aside. In this case, The P entered for a greater sum but later
applies to amend the judgment sum. D apply for set aside JID.

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The major Act which imposes time limit to enforce a claim is the
Limitation Act 1953. There are also provisions in other statutes which
imposes time limit to enforce a claim.





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'5 '-,91,#
This was an appeal against the decision of Syed Sheb Barakbah J
reported in [1958] MLJ 271 . The Court of Appeal in dismissing the
appeal held that the period prescribed by s (b) of the Civil Law
Ordinance, 1956 was a period of limitation and that Item 12 of Part A of
the Second Schedule of the Courts Ordinance, 1948 was merely
declaratory of the jurisdiction of the High Court to enlarge the time
prescribed by any written law for doing any act or taking any proceeding,
always providing there was express provision in the particularly written
law itself which enabled such time to be so enlarged.
Observations on ËConstitution, Powers and Procedure of the Supreme
Court,Ë and on ËJurisdiction and PowerË of the Supreme Court. The court
no power to extend limitation period.


 6Î.

 Limitation of action founded on contract or tort:-


s. 6(1) LA states that the actions shall no be brought after the expiry of 6
years from the time the cause of action accrued.

Contract: from time the breach of contract.


Torts : from the time when the negligence occurs or when the defamatory
was uttered.

s. 6(2) states that an action for an account shall not be brought in respect of
any matter which arose more than 6 years before the commencement of the
action.

s. 6(3) If a judgment has been obtained, than an action upon any judgment
shall not be brought after the expiration of 12years from the date on which
the judgment became enforceable and no arrears if interest in respect of
judgment debt shall be recovered after the expiration of 6 years from the
date on which the interest became due.


* Limitation of action to recover land:-

12 years from the time in which the action accrued, [ s. 9(1) ] s. 9 (1) states that no
action can be brought by any person to recover any land after the expiration of 12
years from the date on which the right of action accrued to him, or if it first
accrued to some person through whom the claims to that person.

 4ë ) 
The P brought an action against the beneficiaries who sold a piece of land to het
19 years ago, but did not obtain letters of the administration to transfer the
property on to the name of the P despite the fact that the P was in possession of the
property and repeatedly had requested the D to do. The P sought an order for the
land to be transferred to he and to be registered her name.
The D pleaded limitation. It was held that the fact that P had entered into an
agreement with the beneficiaries to purchase the said land for a consideration of
RM500, that she had entered possession and cultivated it with £ reaped the
economic crops and enjoyed the possession and profit w/out hindrance from 
beneficiaries for a period 19 years and paid the quit rent. All these shows that she
was the equitable owner of the land and ordered the D to take all relevant steps to
perfect the P's title even after the limitation period had expired.


. Limitation of action to recover rent;
s. 20 states that no action shall be brought or distress made, to recover
arrears of rent, or damages in respect thereof after the expiration of 6
years from the date on which the arrears became due.

 Limitation of action to recover money secured by a charge.


s. 21 (l) states that the limitation period for recover principal secured by
a charge is 12 years from the date when the right to receive the money
accrued.
s. 21(2) states that no foreclosure action in respect of mortgaged personal
property must be brought after the expiration of 12 years from the date
on which the right to foreclosure accrued.

GD
Î Ro limitation period applies to an action bv a beneficiary
under a trust on the ground of the trustee's fraud.
s. 22(1) - The limitation Act does not apply to an action by a
beneficiary under a trust being an action:
(a) in respect of any fraud or fraudulent breach of trust to which
the trustee was a party or privy ; or
(b) the recover from the trustee trust property or the proceeds
thereof in the possession of the trustee, or previously received by
the trustee and converted to his use.

(   ++ 
 4 2 )  
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PC stated that the issue of limitation will not arise if it is an
action by a beneficiary to recover trust property by virtue of s.
22(1) (b) of the Limitation Ord. 1953.


0 Limitation of action by beneficiary under a trustee other than an action on the
ground of trustee's fraud.
s. 22(2) states that an action by a beneficiary to recover property or in respect of
any other breach of trust (not fraud) shall commence 6 years from the date on
which the right of action accrued.
/ ´xtension of limitation period in a case in which the plaintiff was under
disability.
S.24 - the action may be brought at any time before the expiration of 6 years from
the date when such person ceased to be under a disability of died which ever
event first occurred, notwithstanding that the period of limitation has expired.
Therefore, limitation period do not commenced against a minor until he comes of
age.
e.g. a person born in 1990 meets with an accident in 1992. Limitation period
commence only in the year 2008 and he has six years from 2008 (i.e. from the
time he becomes major) to commence an action against the tort - feasor.
Person under disability will includes infancy, and insanity. However since the
RHC provides that a minor can sue by his next friend, and defend by his guardian
ad litem, and need not wait to reach majority.

i
1Fresh accrual of right for action on acknowledgement pr part payment:
s. 26 (2) states that where any right of action has accrued to recover any debt or
other liquidated pecuniary claim, or any claim to the personal estate of a deceased
person or to any share or interest therein, and the person liable and accountable
therefore acknowledges the claim or makes any payment in respect thereof, the
right shall be deemed to have accrued on and not before the date of
acknowledgement or the last payment.
s. 27 (l) - The acknowledgement must be in writing and signed by person making
the acknowledgement.
s. 27(2) - ´very acknowledgement in s. 26 may be made by the agent of the person
by whom the acknowledgement is required to be made.
e.g. P sold good to D. D fails to pay. P did not bring an action to recover the money.
´ven after the expiration period, D later send a letter stating that he needs time to
pay. Here the limitation period stated from the date he acknowledge the debt.
e.g. IF D send part payment instead of RM1000 he pays RM5000 then the
limitation period commence from the date of the part payment received.

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If the Plaintiff relies on the acknowledgment it must be specifically
pleaded or the statement of claim may be struck out.
*But if the Defendant never apply for struck off and the matter
proceed for trial it will appear that the court can consider the evidence
of acknowledgment.

-6 Fraud, Concealed & Mistake


(a) Fraud - here the action is based en fraud, the period of limitation
does not run until the P has discovered the fraud.
(b) Concealed -here the right of action is concealed by the fraud of
any person the period of limitation does not run until the P has
discovered the fraud.
(c) MISTAK´ - here the action is for relief from the consequences
of a mistake the period of the limitation shall not run until the mistake
has been discovered.

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7For the Limitation Act to operate in an action it must be expressly
pleaded as a defend.
Order 18 r. 8 - a party must in any pleading subsequent to a statement of
claim plead specifically any matter for example any relevant statute of
limitation etc.
e.g. If the Defendant after receiving the statement of claim and after he knew
that the period of limitation had expired, he must take defence of expired of
limitation period as soon as possible and he cannot wait until hearing date. If
he fails to do so then court will consider that P had bring up his case within
limitation period.

The Limitation Act shall not apply to anv action for which a period of
limitation is prescribe by any other
s. 2 Public Authorities Protection Act 1948 -action against public bodies -
when any action is brought against the public bodies it must be brought
within 36 month after the negligent act.
s. 7(5) Civil Law Act 1956 - Dependency claim - within 3 years from the
death of the deceased.
s. 8(3) Civil Law Act 1956 - ´state Claim - The persona! representative of
the estate must bring an action within 6 month from the date the grant of
personal representation was taken out.

ii
 
 24^)^2.-01#9 (Loan payable
on demand, limitation period runs from date of giving loan.)
In this case the appellant bank had given unsecured overdraft
accommodation to the respondent. Subsequently in order to increase
the overdraft facility, the respondent charged his lands to the bank to
secure the repayment on demand of the overdraft up to a maximum of
$90,000, The overdraft was allowed to exceed $90,000 and the
account was dormant from 4 Rovember 1974 when the appellant
made a payment of $65,000, thereby reducing the overdraft to
$194,957.12.
In 1978 the bank brought an action to recover the whole of the sum
owing on the overdraft. The only defence of substance was the plea
that the claim was statute-barred under the provisions of the
Limitation Ordinance of Sarawak. The learned judge of the High
Court ruled against the plea and gave judgment for the appellant.

On appeal to the Federal Court, it was held that the claim was statute-barred as
provided in Article 40 of the Schedule to the Limitation Ordinance as in the absence of
any stipulation for a demand for repayment on the overdraft, time ran from the date of
the loan or from the last payment of Interest or part payment of principal which in this
case was on 4 Rovember 1974 and three years had elapsed, since that date before the
action was brought. The Federal Court held that Article 97 was not applicable as the
bank's action was not for compensation for breach of a contract in writing ² See
[1980] 2 MLJ 21 The appellant ppealed.
Held:
(1) it is plain that the suit falls within the description in Article 40 of the Schedule to
the Limitation Ordinance for it was a suit Ëfor money lent under an agreement that it
shall be payable on demandË. If as the appellant urged, the parties agreed that demand
must be made, there is no way of avoiding the conclusion that the words of the article
aptly describe the appellant bank's claim. Time therefore began to run when the loan
was made.


(2) in this case as there had been a payment on 4 Rovember 1974 this
date has under s 20 of the Limitation Ordinance to be substituted for the
date when the loan was made
(3) the claim in this suit may properly be described as ones for
compensation for breach of contract and the contract being in writing, the
period of limitation is six years and in this case had not expired when the
action was commenced.
(
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Regligence in workmanship of building limitation period runs from date
when physical damage occurred to building.



 4^
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)5 -,91,#
Limitation period of 6 months for an action against estate of deceased
persons runs from date when personal representative took out
representation. There is no express provision to allow court to enlarge the
period


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´very case in Malaysia is tried by a judge. The parties to the action


need to be prepared in order to present their case smoothly at the trial.
In order to carry out the preparation for the trial, the followings would
be very helpful.

Preparation of trial can be divided into:

(1) Discoveries and Inspection of documents

(2) Interrogatories

(3) Admissions ; and

(4) Summons for direction


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A case depends on evidence. ´vidence may be in the form of oral or
documentary. Oral evidence must come from witnesses who will testify in
the court. But the documentary evidence will be derived from the document
themselves. It would be a great assistance not only to the court but also to
the parties themselves if before the trial the parties make known (discover to
each other) what documents they might have, are allowed to inspect other
parties document which intended to be used at the trial and to facilitate the
proof of this document by agreeing on them.

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Inspection of documents will prevent the other party from being taken by
surprise and would shorten the time of hearing and therefore save costs.
Agreement on documents will dispense with necessity of proof and will also
save time and lower the costs of the trial.

iD
Discovery of Document:

(1) Order 24 r.1(1) provides that after the close of pleading, in an action
begun be writ, each party must make discovery of documents which are
or have been in his possession, custody or power relating to the matter
in question in the action (any evidence which might be relevant to any
issues in the case). µCustody¶ in the rule makes it clear that a party is
under an obligation to disclose documents belonging to others of which
he has or had custody. µthe his Power¶ means ± documents in his power
are those which though not in his possession or his custody, he has a
right to obtain from the person in possession or who has custody of
them.

(2) Ord.24 r.1(2)


But both parties can agree between themselves to dispense with or limit
discoveries


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Ord.24 r.2(1)

´ach party must within 14 days after the close of pleading make and
serves on the other party a list of documents which are or have been
in his possession, custody or power in Form 40.
´xcept :
(a) in third party proceeding under Or 16 r.4 and including fourth
and subsequent parties.
(b) in running down (accident) case, unless court orders otherwise ±
Ord 24 r.2(2); or
(c) in action for recovery of any penalty where the discovery would
expose him for forfeiture of statutory penalty Or 24 r.2(3).
Ord.24 r 2 (7) here, doubt is felt as to accuracy of a parties list, an
application by notice in form 39 may made to require him to make,
file and serve.

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Ord.24 r 3(1) ± here a party fails or refuses to make and deliver


a list of his documents, the other party may and should apply to
court for an order compelling him to do so.
Ord.24 r.3(2) ± a further order for an affidavit verifying his list
may be applied for if the party refuses or fails to obey the order
under Ord.24 r.2.
e.g. If a arty suppose to disclose a list as under Ord.24 r 2 but
refuses to give the list or giving list which was made in a slip short
manner, or refuse to disclose the list, then the other party may
apply to the court in Form 39. The court may order him to make
an file an affidavit, verifying the list of document he is required to
make under r.2 and to serve a copy to the applicant.


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A party may at any time apply for discovery of specific document


which he beliefs to be with the other party
(possession/custody/power).
The application must be supported by an affidavit to this effect. In
such case the court will order the other party to make an affidavit
stating
(a) whether any such documents have at any time been in his
possession«..
(b) if not than whether they were in his possession«,when he parted
with the document and what has become of them.


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Ord.24 r.13

Discovery will be ordered by the court only if it is necessary either for disposing
fairly of the cause or matter or for saving costs.

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(1) Purpose of DC ± is to know what the other party have that would be used by
him in the trial.
APO ± element of urgency that there is a risk or danger that the D will send out
the document out of the country or destroy it if he knows about the suit. Besides
this, APO was also intended to get possession of the documents which is done
even before the discovery of document (after pleadings)

(2) ording of the APO ± the order, orders D to allow P to go into any document
he wants (to take possession or copy the documents)

(3) Procedure of DC is not to take possession but only to examine the documents.
P may take a subpoena against the possessor of document to produce it during
hearing. If D denied that he has in possession of such documents or the
existence of the doc and P has evidence to contrary, he may apply for APO or
injunction from destroying the documents.

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After the exchange of list of documents, the parties has the right
to inspect documents of the other party and take copy of it. The
other party when request for an inspection, must give an
appointment and reasonable opportunity to do so.
Ord.24 r.9
A party who has served a list of documents on the other party
(compliance with rule 2 or r 3) must allow the other party to
inspect the documents referred in the list. hile supplying the
list, he also must serve a notice in form 42 stating a time within
7 days after the service that the said document may be inspected
at a place specified in the notice and to take copies of the said
documents.

 * 7

(1) The requesting party at any time serve a notice in Form 43, to the other
party (possessor of document) requiring him to produce that document for
inspection and to permit him (requestor) to take copies.
(2) The possessor upon receiving the notice, within 4 days after service of
the notice serve a notice in Form 44 stating a time within 7 days (after the
service of Form 44) at which the document may be inspected at place
specified in the notice.
The possessor if he has any objection for the other party to inspect, may say
so by stating its ground.


Î
 * 
Failure to comply r. 9 or r. 10 by the Possessor.

hen the possessor of the document :


(a) fails to serve notice under r. 9 & 10(2) ; or
(b) object to produce any document for inspection ; or
(c) offers time/place for inspection which is unreasonable
Then the court may order such documents to be inspected at
time and place it thinks fit.


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Ord.24 r.15

The rule of discovery and production do not affect any rules of law which
authorized or require the withholding of any documents on the grounds
that the disclosure of it will be injuries to public interest.

Besides the above, the following class of documents have been recognized
as privileged documents(s.126 ´A) and they are therefore protected from
production:
(a) documents of themselves evidence exclusively the party¶s own case or
title.
(b) confidential communication between client and lawyer

In this event, an application for an order for inspection where privileged is


claimed, the court may inspect the document for the purpose of deciding
the validity of the claim unless the document relates to matters of the state.


·
Consequence of Failure to Comply :

(a) with the rules ; the action may be dismissed or the


defence may be struck out and judgment ordered as
the case may be ± Ord.24 r.16(1).

(b) with an order of the court ; In addition the party in


default is liable to committal (Ord.24 r.16(4)) as


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A statement made by a legally aided person, to an IO of Legal Aid
Bureau are privileged under s.127 ´A. In view of s.27(1) of Legal Aid &
Advise Ord. 1956, as such he should not be compelled to disclose the
communication unless expressly waived the privilege.

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Report and findings of a Committee of ´nquiry in respect of which there
is no privilege.

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Company documents which were relevant to matters in issue although in
legal possession of the company, might be required to be disclosed by a
director of a company who was a party to the suit, even though he was
holding the documents merely as servant or as agent of the company.


†
The gentle reader may at this stage be wondering how in all the
circumstances , it came about that I passed the civil procedure
examination.

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