4.

1 Introduction To Civil Procedure

Tutorial 1

1. Where is civil procedure in the branches of law?

2. What are the four principles that guided the rules of civil procedures?
3. How was the Rules of Court 2012 enacted?
4. What is the composition of the Rules Committee?
5. What were the rules applicable before the coming into force of the Rules of Court
2012?
6. State two significant changes made by the Rules of Court 2012 to its predecessor.
7. What is the overriding principle in construing the Rules of Court 2012?
8. Seman sues Malik for fraud committed by Malik in a land transaction. He filed an
originating summon in the High Court of Malaya at Shah Alam. Malik applied
for the said originating summon to be struck out on the ground that Seman had
used a wrong mode of proceeding.
a) Without any other extrinsic fact, do you think that Malik has as of right to an
order in term of the said application?
b) Would your answer to a) be different Malik immediately applied to strike out
the originating summon instead of responding to the originating summon by
serving an affidavit-in-reply on Seman?
c) Would your answer to c) be different if the said originating summon had
been statute barred?
d) If the court dismisses Malik's application, what are the orders that the court
may make upon dismissing his application?
9. Joe filed a writ of summon against Kim. The said writ was served upon Kim on
September 1st. Kim sought legal advice from a final year law student, who told
him that Joe had not complied to the requirement of O. 18 r. 6(5) that entitled him
to set aside the writ of summon. However instead doing the same, Kim made an
appearance by filing a memorandum of appearance pursuant to O. 12. r. 1. He
subsequently applied to set aside the writ by way of a notice of application, on the
ground of non-compliance to O. 18 r. 6(5). Advice him of his chances of success.

© Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
Fakulti Undang-Undang, UiTM
M/Pelajaran : Civil Procedure I Tarikh Kuatkuasa : 1hb. Oktober 2020
Kod : LAW602 No Keluaran : 2
Bahagian : 07 Muka Surat :