AZLAN SHAH BIN JAFFRIL v MUDIANA BINTI ABD RASHID
Catchwords
Civil Procedure — Originating summons — Order 89 proceedings — Vacant possession — Application to set aside order — Whether application filed out of time — Rules of Court 2012, O.42 r.13 — Whether extension of time properly sought — Rules of Court 2012, O.3 r.5 — Effect of delay on court's jurisdiction — Whether defendant must disclose bona fide triable defence Civil Procedure — Service — Substituted service — Whether irregular service cured by entry of appearance — Rules of Court 2012, O.10 r.1(3) — Whether participation at hearing amounts to waiver of irregularity Land Law — Co-ownership — Locus standi of co-owner to maintain action for vacant possession — Whether co-owner may sue for possession of undivided share without joining other co-owners — National Land Code 1965, s.343(1) — Indefeasibility — Allegation of fraud — Whether fraud sufficiently particularised — Whether vague allegations of fraud constitute triable defence — National Land Code 1965, s.340 Insolvency — Bankrupt — Locus standi of undischarged bankrupt to sue — Whether claim for possession of registered land requires sanction of Director General of Insolvency — Insolvency Act 1967, s.38(1)(a) — Distinction between personal claims and claims affecting divisible estate Insolvency — Bankrupt — Representation by counsel — Whether counsel has locus standi to appear for undischarged bankrupt without DGI sanction — Effect of appearance on validity of proceedings
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-24ncvc-74-04-2025)