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FEDERAL GOVERNMENTGAZETTE2 July 2012P.U. (A)RULES OF COURT 2012PUBLISHED BYATTORNEY GENERAL’S CHAMBERS
P.U. (A)COURTS OF JUDICATURE ACT 1964SUBORDINATE COURTS RULES ACT 1955RULES OF COURT 2012ARRANGEMENT OF ORDERSOrder1.Citation, application, interpretation and forms1A.Court or judge shall have regard to justice2.Effect of non-compliance3.Time4.Consolidation of proceedings5.Mode of commencement of proceedings6.Writs of summons: General provisions7.Originating summonses: General provisions8.(There is no Order 8)9.(There is no Order 9)10.Service of originating process: General provisions11.Service of process out of the jurisdiction12.Entry of appearance to writ13.Default of appearance to writ14.Summary judgment14A.Disposal of case on point of law15.Causes of action, counterclaims and parties16.Third party and similar proceedings17.Interpleader18.Pleadings19.Default of pleadings20.Amendments21.Withdrawal and discontinuance22.(There is no Order 22)22A.Interim payments2
P.U. (A)Order22B.Offer to settle23.Security for costs24.Discovery and inspection of documents25.(There is no Order 25)26.Interrogatories27.Admissions28.Originating summons procedure29.Interlocutory injunctions, interim preservation of property30.Receivers31.Sales of immovable property by order of court32.Applications and proceedings in chambers33.Mode of trial34.Pre-trial case management35.Proceedings at trial35A.(There is no Order 35A)36.Trials before and inquiries by Registrar37.Assessment of damages38.Evidence: General39.Evidence by deposition: Examiners of the court40.Court expert40A.Experts of parties41.Affidavits42.Judgment and orders43.Accounts and inquiries44.Proceedings under judgments and orders on the equity side45.Enforcement of judgment and orders46.Writs of execution: General47.Writs of seizure and sale48.Examination of judgment debtor49.Garnishee proceedings50.Charging orders, stop orders51.Receivers: Equitable execution3
P.U. (A)Order51A.Rateable distribution52.Committal53.Application for judicial review54.(There is no Order 54)55.Appeals to High Court from Subordinate Courts55A.Appeals to High Court under written law56.Appeals from Registrar of the High Court to a Judge in Chambers57.Transfer of proceedings58.(There is no Order 58)59.Costs60.The Registry61.Sittings, vacation and office hours62.Service of documents63.Paper, printing, notices and copies63A.Electronic filing64.Change of solicitor65.Service of foreign process66.Obtaining evidence for foreign court67.Reciprocal enforcement of judgments68.(There is no Order 68)69.Arbitration proceedings70.Admiralty proceedings71.Non-contentious probate proceedings72.Contentious probate proceedings73.Proceedings by and against the Government74.Debtors Act 195775.Distress Act 195176.Disability77.Partners78.Defamation actions79.Moneylenders’ actions80.Administration and similar actions4
P.U. (A)Order81.Actions for specific performance, summary judgment82.Debenture holders’ action: Receiver’s register83.Charge actions84.Proceedings relating to infants85.Bills of Sale Act 195085A.Proceedings arising out of hire-purchase agreements86.Inheritance (Family Provision) Act 197186A.Employment Act 195587.Trade Marks Act 197688.Companies Act 196589.Summary proceedings for possession of land90.Lodgment in court and payment to sheriff91.Court fees92.Miscellaneous93.Small claims procedure94.Repeal, savings and transitional provisions5
P.U. (A)COURTS OF JUDICATURE ACT 1964SUBORDINATE COURTS RULES ACT 1955RULES OF COURT 2012IN exercise of the powers conferred by section 17 of the Courts of Judicature Act 1964[Act 91] and section 4 of the Subordinate Courts Rules Act 1955 [Act 55], and with theconsent of the Chief Judge of the High Court in Malaya and the Chief Judge of the HighCourt in Sabah and Sarawak, the Rules Committee and the Subordinate Courts RulesCommittee make the following rules:ORDER 1CITATION, APPLICATION, INTERPRETATION AND FORMSCitation and commencement (O. 1, r. 1)1.(1)These rules may be cited as the Rules of Court 2012.(2)These Rules, except for Order 91, come into operation on 1 August 2012.(3)Order 91 comes into operation on a date to be appointed by the RulesCommittee and the Subordinate Court Rules Committee by notification in the Gazette.Application (O. 1, r. 2)2.(1)Subject to paragraph (2), these Rules apply to all proceedings in—(a)the Magistrates’ Court;(b)the Sessions Court; and(c)the High Court.6
P.U. (A)(2)These Rules do not have effect in relation to proceedings in respect ofwhich rules have been or may be made under any written law for the specific purpose ofsuch proceedings or in relation to any criminal proceedings.(3)Where prior to the coming into operation of these Rules, reference ismade in any written law to any Rules of Court that reference shall be to these Rules.3.(There is no rule 3)Definitions (O. 1, r. 4)4.(1)In these Rules, unless the context otherwise requires—“Act” means the Courts of Judicature Act 1964 or the Subordinate Courts Act1948 [Act 92] or both;“bailiff” includes the Registrar, any clerk or other officer of the Court chargedwith performing the duties of a bailiff;“Form” means a form set out in Appendix A to these Rules, and a form referred toby a number means the form so numbered in Appendix A;“cause book” means the book kept in the Registry or any data storedelectronically in which the number of, and other details relating to, a cause or matterare entered;“issued”, in relation to a document, means that the appropriate officer of theCourt has stamped the seal of the Court on it;“document” means anything in which information of any description is recordedand includes a claim, summons, application, judgment, order, affidavit, witnessstatement or any other document used in a Court proceeding;“folio” means 100 words, each figure being counted as one word;7
P.U. (A)“attend” includes the appearance by any person using electronic, mechanical orother means permitted by the Court;“Judge” means a Judge or Judicial Commissioner of the High Court and includes,where he is empowered to act, a Judge of the Sessions Court, a Magistrate or a Registrar,as the case may require;“Government” means the Federal Government or the State Government or both;“Subordinate Court” has the same meaning assigned to it under the Court ofJudicature Act 1964;“officer” means an officer of the High Court, Sessions Court or Magistrates’ Courtand includes a Registrar, Court interpreter, bailiff, clerk, process server or other officerwho is attached to a Court;“solicitor” means an advocate and solicitor as defined in section 3 of the LegalProfession Act 1976 [Act 166];“Registry” means the Registry of the High Court, the Sessions Court or theMagistrates’ Court;“filing”, in relation to a document, means delivering it, by post or otherwise, tothe Court office;“Registrar” means—(a)the Chief Registrar or the Deputy Chief Registrar of the Federal Court;(b)the Registrar of the High Court of Malaya or the Registrar of the HighCourt of Sabah and Sarawak;(c)any Deputy Registrar or Senior Assistant Registrar of the High Court; or8
P.U. (A)(d)any Registrar of the Subordinate Courts under the Subordinate Courts Act1948;“Controller” means the Controller of Foreign Exchange as defined in section 2 ofthe Exchange Control Act 1953 [Act 17];“pleading” does not include a notice of application or a preliminary act;“proceeding” means any proceeding whether in open Court or in Chambers andincludes an application at any stage of a proceeding which is deemed to have startedwhen an action is filed;“copy”, in relation to a document, means anything onto which informationrecorded in the document has been copied, by whatever means and whether directly orindirectly;“Sheriff” means the Registrar of the High Court;“sign”, in relation to the signing of any document by the Registrar, includes theaffixing of a facsimile signature;“moneylender’s action” has the same meaning assigned to it by Order 79;“scheduled territories” means the territories as specified in the First Schedule tothe Exchange Control Act 1953.(2)In these Rules, unless the context otherwise requires, “Court” refers to theMagistrate’s Court, or any one or more Magistrates thereof, the Sessions Court, or anyone or more Judges thereof, the High Court or any one or more Judges or JudicialCommissioners thereof, whether sitting in Court or in Chambers; but the foregoingprovision shall not be taken as affecting any provision of these Rules and, in particular,Order 32, rule 9, by virtue of which the authority and jurisdiction of the Registrar of theCourt is defined and regulated.9
P.U. (A)Construction of references to Orders, rules (O. 1, r. 5)5.(1)Unless the context otherwise requires, any reference in these Rules to aspecified Order, rule or appendix is a reference to that Order or rule of, or that appendixto these Rules and any reference to a specified rule, paragraph or subparagraph is areference to that rule of the Order, that paragraph of the rule, or that subparagraph, inwhich the reference occurs.(2)Any reference in these Rules to anything done under a rule of these Rulesincludes a reference to the same thing done before the commencement of that ruleunder any corresponding rules of court ceasing to have effect on the commencement ofthat rule.(3)Except where the context otherwise requires, any reference in these Rulesto any written law shall be construed as a reference to that written law as amended,extended or applied by or under any other written law.Construction of references to Acts, Ordinances, Enactments to Sarawak and Sabah(O. 1, r. 5A)5A.Where references are made under these Rules to any provisions in the Acts,Ordinances or Enactments or other written laws in force in Peninsular Malaysia, thereshall be substituted therefor references to the corresponding Acts, Ordinances orEnactments or other written laws in force in Sarawak or Sabah, as the case may be.Construction of references to action for possession of immovable property(O. 1, r. 6)6.Except where the context otherwise requires, references in these Rules to anaction or claim for the possession of immovable property shall be construed asincluding references to proceedings against the Government for an order declaring thatthe plaintiff is entitled as against the Government to the immovable property or to thepossession thereof.10
P.U. (A)Forms (O. 1, r. 7)7.The Forms in Appendix A shall be used where applicable with such variations asthe circumstances of the particular case require.Applicability of certain Orders (O. 1, r. 8)8.Orders 30, 31, 43, 44, 50, 51, 51A, 53, 56, 66, 67, 69, 70, 71, 72, 80, 82, 83, 86, 87,88 and 89 are applicable only to the High Court.ORDER 1ACOURT OR JUDGE SHALL HAVE REGARD TO JUSTICERegard shall be to justice (O. 1A)In administering these Rules, the Court or a Judge shall have regard to the overridinginterest of justice and not only to the technical non-compliance with these Rules.ORDER 2EFFECT OF NON-COMPLIANCENon-compliance with Rules (O. 2, r. 1)1.(1)Where, in beginning or purporting to begin any proceedings or at anystage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been non-compliance with the requirement of these Rules,the non-compliance shall be treated as an irregularity and shall not nullify theproceedings, any step taken in the proceedings, or any document, judgment or ordertherein.(2)These Rules are a procedural code and subject to the overriding objectiveof enabling the Court to deal with cases justly. The parties are required to assist theCourt to achieve this overriding objective.(3)The Court or Judge may, on the ground that there has been such non-compliance as referred to in paragraph (1), and on such terms as to costs or otherwiseas it or he thinks just, bearing in mind the overriding objective of these Rules, exercise11
P.U. (A)its or his discretion under these Rules to allow such amendments, if any, to be made andto make such order, if any, dealing with the proceedings generally as it or he thinks fit inorder to cure the irregularity.Application to set aside for irregularity (O. 2, r. 2)2.(1)An application to set aside any proceedings, any step taken in anyproceedings or any document, judgment or order therein for non-compliance with theseRules shall not be allowed unless the application is made within a reasonable time andbefore the party applying has taken any fresh step after becoming aware of theirregularity and the non-compliance has occasioned a substantial miscarriage of justiceor occasioned prejudice that cannot be cured either by amendment or an appropriateorder for costs.(2)An application under this rule may, after notice of the irregularity hasbeen given to the other party, be made by notice of application and the grounds ofobjection shall be stated therein.Preliminary objection for non-compliance of rules not allowed (O. 2, r. 3)3.A Court or Judge shall not allow any preliminary objection by any party to anycause or matter or proceedings only on the ground of non-compliance of any provisionof these Rules unless the Court or Judge is of the opinion that such non-compliance hasoccasioned a substantial miscarriage of justice or occasioned prejudice that cannot becured either by amendment or an appropriate order for costs or both.ORDER 3TIME“Month” means calendar month (O. 3, r. 1)1.Without prejudice to the Interpretation Acts 1948 and 1967 [Act 388], the word“month”, where it occurs in any judgment order, direction or other document formingpart of any proceedings in Court, means a calendar month, unless the context otherwiserequires.12
P.U. (A)Reckoning periods of time (O. 3, r. 2)2.(1)Any period of time fixed by these Rules or by any judgment, order ordirection for doing any act shall be reckoned in accordance with the followingprovisions of this rule.(2)Where an act is required to be done within a specified period after orfrom a specified date, the period begins immediately after that date.(3)Where an act is required to be done within or not less than a specifiedperiod before a specified date, the period ends immediately before that date.(4)Where an act is required to be done within a specified number of cleardays before or after a specified date, at least that number of days must intervenebetween the day on which the act is done and that date.(5)Where, apart from this paragraph, the period in question, being a periodof seven days or less, would include the day before the weekly holiday or public holiday,that day shall be excluded.Court Vacation excluded from time for service of pleadings (O. 3, r. 3)3.(There is no rule 3)Time expires on weekly holiday (O. 3, r. 4)4.Where the time prescribed by these Rules, or by any judgment, order ordirection, for doing any act at the Registry expires on a weekly holiday or other day onwhich the Registry is closed, and by reason thereof that act cannot be done on that day,the act shall be in time if done on the next day on which the Registry is open.Extension of time (O. 3, r. 5)5.(1)The Court may, on such terms as it thinks just, by order extend or abridgethe period within which a person is required or authorized by these Rules or by anyjudgment, order or direction, to do any act in any proceedings.13
P.U. (A)(2)The Court may extend any such period as referred to in paragraph (1)although the application for extension is not made until after the expiration of thatperiod.(3)The period within which a person is required by these Rules, or by anyorder or direction, to serve, file or amend any pleading or other document may beextended by consent in writing without an order of the Court being made for thatpurpose.Notice of intention to proceed after year’s delay (O. 3, r. 6)6.(There is no rule 6)ORDER 4CONSOLIDATION OF PROCEEDINGSConsolidation of causes or matters (O. 4, r. 1)1.(1)Where two or more causes or matters are pending, and if it appears to theCourt that—(a)some common question of law or fact arises in both or all of them;(b)the rights to relief claimed therein are in respect of or arise out ofthe same transaction or series of transactions; or(c)for some other reason it is desirable to make an order under thisrule,the Court may order the causes or matters to be consolidated on such terms as it thinksjust or may order the causes or matters to be tried at the same time or one immediatelyafter another or may order any of the causes or matters to be stayed until after thedetermination of any other of the causes or matters.14
P.U. (A)(2)An order for consolidation shall be made in Form 1 and shall direct thatthe cause or matter in which the application is made shall be carried on as or undersuch other cause or matter and that the title of such other cause or matter be amendedby adding thereto the title of the cause or matter in which the application is made.(3)Upon such order being made, the file of the cause or matter in which theapplication is made shall be transferred to and added to the file of such other cause ormatter, and the copy of the order shall be left in place of the file so transferred, and amemorandum of the transfer shall be entered in the cause book against the cause ormatter so consolidated.ORDER 5MODE OF COMMENCEMENT OF PROCEEDINGSMode of beginning civil proceedings (O. 5, r. 1)1.Subject to Order 94, rule 2, proceedings shall be commenced either by writ or byoriginating summons.Proceedings which shall be begun by writ (O. 5, r. 2)2.Proceedings in which a substantial dispute of fact is likely to arise shall be begunby writ.Proceedings which shall be begun by originating summons (O. 5, r. 3)3.Proceedings by which an application is to be made to the Court or a Judge thereofunder any written law shall be begun by originating summons.Proceedings which may be begun by writ or originating summons (O. 5, r. 4)4.(1)Proceedings—(a)in which the sole or principal question at issue is or is likely to beone of the construction of any written law or of any instrumentmade under any written law, or of any deed, will, contract or otherdocument, or any other question of law; or15
P.U. (A)(b)in which there is unlikely to be any substantial dispute of fact,are appropriate to be begun by originating summons unless the plaintiff intends inthose proceedings to apply for judgment under Order 14 or Order 81 or for any otherreason considers the proceedings are more appropriate to be begun by writ.Proceedings to be begun by motion or petition (O. 5, r. 5)5.(There is no rule 5)Right to sue in person (O. 5, r. 6)6.(1)Subject to paragraph (2) and Order 76, rule 2, any person, whether or nothe sues as trustee or personal representative or in any other representative capacity,may begin and carry on proceedings in the Court by a solicitor or in person.(2)Except as expressly provided by or under any written law, a bodycorporate may not begin or carry on any such proceedings otherwise than by a solicitor.ORDER 6WRITS OF SUMMONS: GENERAL PROVISIONSForm of writ (O. 6, r. 1)1.Every writ shall be in Form 2.Endorsement on writ (O. 6, r. 2)2.(1)Before a writ is issued, it shall be endorsed—(a)with a statement of claim, which shall comply with therequirements of Order 18, or, if the statement of claim is notendorsed on the writ, with a concise statement of the nature of theclaim made or the relief or remedy required in the action begunthereby;16
P.U. (A)(b)where the plaintiff sues in a representative capacity, with astatement of the capacity in which he sues;(c)where a defendant is sued in a representative capacity, with astatement of the capacity in which he is sued;(d)where the plaintiff sues by a solicitor, with the plaintiff’s addressand the solicitor’s name or firm and a business address of hiswithin the jurisdiction;(e)where the plaintiff sues in person—(i)with the address of his place of residence and, if his place ofresidence is not within the jurisdiction or if he has no placeof residence, the address of a place within the jurisdiction ator to which documents for him may be delivered or sent;and(ii)(f)with his occupation; andwith the number of days within which an appearance is required tobe entered under Order 12, rule 4.Endorsement as to capacity (O. 6, r. 3)3.(There is no rule 3)Endorsement as to solicitor and address (O. 6, r. 4)4.(There is no rule 4)Concurrent writ (O. 6, r. 5)5.(1)One or more concurrent writs may at the request of the plaintiff be issuedat the time when the original writ is issued or any time thereafter before the originalwrit ceases to be valid.17
P.U. (A)(2)Without prejudice to the generality of paragraph (1), a writ for servicewithin the jurisdiction may be issued as a concurrent writ with one, notice of which is tobe served out of the jurisdiction, and a writ, notice of which is to be served out of thejurisdiction, may be issued as a concurrent writ with one for service within thejurisdiction.(3)A concurrent writ is a true copy of the original writ with such differencesonly, if any, as are necessary having regard to the purpose for which the writ is issued.(4)A concurrent writ shall be marked by the Registrar with the word“Concurrent”, and he shall sign and date the day of issue of the concurrent writ.Issue of writ (O. 6, r. 6)6.(1)(There is no paragraph (1))(2)A plaintiff or his solicitor shall, on presenting a writ for sealing, leavewith the Registrar the original writ and a copy of the original writ together with asmany copies thereof as there are defendants to be served.(3)The Registrar shall assign a serial number to the writ and shall sign, sealand date the writ whereupon the writ is deemed to be issued.(4)The original writ shall be filed in the Registry and an entry thereof shallbe made in the cause book.Duration and renewal of writ (O. 6, r. 7)7.(1)For the purpose of service, a writ (other than a concurrent writ) is valid inthe first instance for six months beginning from the date of its issue, and a concurrentwrit is valid in the first instance for the period of validity of the original writ which isunexpired at the date of issue of the concurrent writ.(2)Subject to paragraph (2A), where efforts to serve a writ on a defendanthave been unsuccessful, the Court may by order extend the validity of the writ twice (in18
P.U. (A)Sabah and Sarawak thrice and in admiralty actions five times), not exceeding six monthsat any one time, beginning with the day next following that on which it would otherwiseexpire, as may be specified in the order.(2A)An application for a renewal of writ must be made before the expiry of thewrit, ex parte by notice of application supported by affidavit showing that efforts havebeen made to serve the defendant within one month from the date of the issue of thewrit and that efforts have been made subsequent thereto to effect service.(3)Before a writ, the validity of which has been extended under this rule, isserved, it shall be marked with an official stamp in Form 3 showing the period for whichthe validity of the writ has been so extended.(4)Where the validity of a writ is extended by order made under this rule, theorder shall operate in relation to any other writ (whether original or concurrent) issuedin the same action which has not been served, so as to extend the validity of that otherwrit until the expiration of the period specified in the order.(5)A note of the renewal shall be entered in the cause book.ORDER 7ORIGINATING SUMMONSES: GENERAL PROVISIONSApplication (O. 7, r. 1)1.(There is no rule 1)Forms of originating summons (O. 7, r. 2)2.(1)Every originating summons shall be in Form 5 or 6 whichever isappropriate.(1A)Every originating summons shall state in its intitulement any provision ofthese Rules and any provision of any written law under which the Court is beingmoved.19
P.U. (A)(2)The party taking out an originating summons, other than an ex parteoriginating summons, shall be described as a plaintiff, and the other parties shall bedescribed as defendants.(3)The party taking out an ex parte originating summons shall be describedas the applicant.Contents of originating summons (O. 7, r. 3)3.(1)Every originating summons shall include a statement of the questions onwhich the plaintiff seeks the determination or direction of the Court or, as the case maybe, a concise statement of the relief or remedy claimed in the proceedings begun by theoriginating summons with sufficient particulars to identify the cause or causes of actionin respect of which the plaintiff claims that relief or remedy.(2)Order 6, rule 2, except for subparagraphs (1)(a) and (b) shall apply inrelation to an originating summons as it applies in relation to a writ.Concurrent summons (O. 7, r. 4)4.(There is no rule 4)Issue of originating summons (O. 7, r. 5)5.Order 6, rule 6, shall apply in relation to an originating summons as it applies inrelation to a writ.Duration and renewal of originating summons (O. 7, r. 6)6.Order 6, rule 7, shall apply in relation to an originating summons as it applies inrelation to a writ.Ex parte originating summons (O. 7, r. 7)7.(1)Rules 2, 3(1) and 5 shall, in so far as applicable, apply to an ex parteoriginating summons; but, except as aforesaid, this Order shall not apply to an ex parteoriginating summons.20
P.U. (A)(2)Order 6, rule 6(3) shall apply, with the necessary modifications, inrelation to an ex parte originating summons as it applies in relation to a writ.ORDER 8ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS(There is no Order 8)ORDER 9PETITIONS: GENERAL PROVISIONS(There is no Order 9)ORDER 10SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONSGeneral provisions (O. 10, r. 1)1.(1)Subject to the provisions of any written law and these Rules, a writ shallbe served personally on each defendant or sent to each defendant by prepaid A.R.registered post addressed to his last known address and in so far as is practicable, thefirst attempt at service must be made not later than one month from the date of issue ofthe writ.(2)Where a defendant's solicitor endorses on the writ a statement that heaccepts service of the writ on behalf of that defendant, the writ shall be deemed to havebeen duly served on that defendant and to have been so served on the date on which theendorsement was made.(3)Where a writ is not duly served on a defendant but he enters anappearance in the action begun by the writ, the writ shall be deemed to have been dulyserved on him and to have been so served on the date on which he entered theappearance.21
P.U. (A)(4)Where a writ is duly served on a defendant otherwise than in accordancewith paragraph (2) or (3), then subject to Order 11, rule 5, unless after service theperson serving it endorses on it the following particulars, that is to say, the day of theweek and date on which it was served, where it was served, the person on whom it wasserved, and, where he is not the defendant, the capacity in which he was served, theplaintiff in the action begun by the writ is not entitled to enter final or interlocutoryjudgment against that defendant in default of appearance or in default of defence, unlessthe Court otherwise orders.Service of writ on agent of overseas principal (O. 10, r. 2)2.(1)Where the Court is satisfied on an ex parte application that—(a)a contract has been entered into within the jurisdiction with orthrough an agent who is either an individual residing or carryingon business within the jurisdiction or by a body corporate having aregistered office or a place of business within the jurisdiction;(b)the principal for whom the agent was acting was at the time thecontract was entered into and is at the time of the applicationneither such an individual nor such a body corporate; and(c)at the time of the application either the agent's authority has notbeen determined or he is still in business relations with hisprincipal,the Court may authorize service of a writ beginning an action relating to the contract tobe effected on the agent instead of the principal.(2)An order under this rule authorizing service of a writ on a defendant'sagent must limit a time within which the defendant shall enter an appearance.22
P.U. (A)(3)Where an order is made under this rule authorizing service of a writ on adefendant's agent, a copy of the order and the writ shall be sent by post to the defendantat his address out of the jurisdiction.Service of writ in pursuance of contract (O. 10, r. 3)3.(1)Where—(a)a contract contains a term to the effect that the Court shall havejurisdiction to hear and determine any action in respect of acontract or, apart from any such term, the Court has jurisdiction tohear and determine any such action; and(b)the contract provides that, in the event of any action in respect ofthe contract being begun, the process by which it is begun may beserved on the defendant, or on such other person on his behalf asmay be specified in the contract, in such manner or at such place(whether within or out of the jurisdiction) as may be so specified,then, if an action in respect of the contract is begun in the Court and the writ by which itis begun is served in accordance with the contract, the writ shall, subject to paragraph(2), be deemed to have been duly served on the defendant.(2)A notice of a writ which is served out of the jurisdiction in accordancewith a contract shall not be deemed to have been duly served on the defendant inaccordance with paragraph (1) unless leave to serve such notice out of the jurisdictionhas been granted under Order 11, rule 1 or 2.Service of writ in certain actions for possession of immovable property(O. 10, r. 4)4.Where a writ is endorsed with a claim for the possession of immovable property,the Court may—23
P.U. (A)(a)if satisfied on an ex parte application that no person appears to be inpossession of the immovable property and that service cannot beotherwise effected on any defendant, authorize service on that defendantto be effected by affixing a copy of
and includes a Registrar, Court interpreter, bailiff, clerk, process server or other officer who is attached to a Court; "solicitor" means an advocate and solicitor as defined in section 3 of the Legal Profession Act 1976 [Act 166]; "Registry" means the Registry of the High Court, the Sessions Court or the Magistrates' Court;
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