July 6, 2010

[2009] 9 MLJ 318

BOO ARE NGOR ( Claiming as the lawful trustee of Kim Leng Tze Temple) v Pentadbir Tanah Daerah Muar & Anor
Civil Procedure- Whether 14 days requirement to file affidavit in reply mandatory.
Held: The word 'must' that appears in  Order 28 r 3(4) of the RHC requires the 14 day requirement to be mandatorily complied with or otherwise there would be no end to the old habits of filing affidavits at the last minute prompting the other side to seek adjournments.

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