Ahmad Shahrir Mohd Salleh J:

Introduction

[1] In this judgment, the parties are referred to as they were before the trial court. This was an appeal by the plaintiff against the decision of the learned Magistrate in dismissing her claim.

[2] The defendants raised a preliminary objection to strike out the appeal. The defendants argued that the plaintiff had failed to serve a physical copy of the record of appeal on the defendants within the prescribed time frame stipulated under O 55 r 4(8) of the Rules of court 2012. The defendants posited that this procedural non-compliance rendered the appeal defective and liable to be struck out.

[3] Upon a careful consideration of the arguments presented by both parties, I found merit in the defendants' preliminary objection and struck out the appeal.

Brief Background Of Facts

[4] The plaintiff commenced an action against the defendants for the sum of RM32,871.16 which represented the outstanding payment allegedly due for renovation works carried out at the defendants' premises. In response, the defendants filed a counterclaim in the total sum of RM43,075.00 for costs to be incurred for rectification works and for remedial works done.

[5] At th