JUDGMENT

Awang Armadajaya Awang Mahmud JC:

(Enclosure 1)

Introduction

[1] The Plaintiff / Respondent filed a Writ of Summon and Statement of Claim against the Defendant / Appellant vide suit number JB- A72NCVC-90-12/2019 in the Magistrates Court in Muar to claim outstanding arrears in rental amounting to RM22,750-00 ("main suit").

[2] When the Defendant / Appellant failed to enter appearance, a judgment-in-default was entered against the Appellant on 13 May 2020. The Respondent / Plaintiff filed for a judgment-in-default against the Appellant / Respondent when the Appellant / Respondent failed to enter appearance.

[3] On 20 January 2021 the Appellant / Defendant filed an application to set aside the Judgment-in-Default in the main suit which was dismissed by the Magistrates Court on 25 March 2021 with a cost RM1,000-00.

[4] The Plaintiff / Respondent then filed for a Writ of Seizure and Sale pursuant to Writ of Execution (No JB-76WS-49-11/2020) and obtained an Order for Seizure and Sale dated 9 February 2021.

[5] The Appellant / Defendant filed an application on 16 February 2021 to stay the execution of the order pending the disposal of application to set aside the Judgment-in-Default. Thi