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CPMC 4

CPMC 4

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Published by musbri mohamed
Civil Procedure in Malaysia
Civil Procedure in Malaysia

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Categories:Types, Business/Law
Published by: musbri mohamed on Aug 08, 2010
Copyright:Attribution Non-commercial

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10/30/2013

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Malaysian Civil Court ProcedureNote 4 of 4 Notes
Universiti Kebangsaan MalaysiaFakulti Undang-undang
Musbri MohamedDIL; ADIL ( ITM )MBL ( UKM )
 
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P
roceedings At TrialFailure To Appear
Ord.35 r.1(1)When the trial of an action is called onand neither party appears, the actionmay be struck out of the list (list of cases for the day). However, the casecan be restored back if there is anygood excuse i.e. flood, accident etc.Ord.35 r.1(2)Where one party does not appear, the judge may proceed with the trial of theaction or any counter claim in theabsence of that party.
 
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Ord.35 r.3This is the general powers of the judge toadjourn the hearing as he thinks fit in theinterest of justice to another day. It does notsay under what circumstances that the judgemay adjourn. It just says that if a judgethinks it expedient in the interest of justice.This discretionary power of the judge is verywide.Ord 35 r.2A judgment or order obtained in the absenceof the other party may be set aside anapplication to court. If made within sevendays. The court may award costs against the party in default.

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