The appeal was incompetent due to late filing of the Notice of Appeal, lacking valid justification for extension, thus the court has no jurisdiction to hear it.

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. This application to stay proceedings was dismissed on 25 March 2021 with the cost of RM800-00.

[6] On 19 April 2021, A Notice of Appeal (dated 16 April 2021) was filed against the decision of the Learned Magistrate in dismissing the application to set aside the judgment-in-default and it was served on the Respondent and served on the Respondent on 20 April 2021.

[7] The Respondent is now raising an objection against the Appeal pursuant to encl 4 on the grounds that the Notice of Appeal was filed out of time and hence the appeal is incompetent. Enclosure 4 was filed on 28 April 2021.

[8] The Appellant now filed an application encl 6 seeking for a leave for extension of time for the filing of Notice of Appeal. Enclosure 6 was filed 3 May 2021.

The Law For An Application For Leave For Extension Of Time For Filing The Notice Of Appeal

[9] Appeal to the High Court from a decision of the Subordinate Court is govern by O 55.

Order 55 Appeals to high Court from subordinate courts

....

2. Appeal to be by re-hearing on notice (O 55 r 2)

All appeals to the High Court shall be by way of re-hearing and shall be brought by giving a notice of appeal within fourteen days from the date of the decision appealed from.

3. Notice of appeal against a decision made after trial (O 55 r 3)

(1) A notice of appeal against a decision made after trial shall substantially be in Form 111 and shall be filed in the Court from which the decision is appealed from.

(2) Any appellant may appeal from the whole or part of a judgment or order and the notice of appeal shall state whether the whole or part only, and what part, of the judgment or order is complained of.

(3) (Deleted by PU(A) 24/2018:r 4)

(4) A duplicate copy of the notice of appeal must be served by the appellant within the time limited for the filing of an appeal on all respondents.

[10] In the Malaysian Civil Procedure 2015 at p 721 which states:

"Extension of time - When a notice of appeal is not filed or served within time, the appellant should file an application to extend time to do so. An appellant may either file and serve the notice of appeal even though it is out of time and then file the extension of time application, or file the extension of time application and only file and serve the notice of appeal after the application is allowed"

(5) For an appeal under this rule, the appellant shall, within the time limited for the filing of an appeal, apply to the Court appealed from in writing for the notes of proceedings and the grounds of judgment.

(6) The judgment of the High Court in the case of an appeal of a decision after trial shall be pronounced in open Court, either on the hearing of the appeal or at any subsequent time of which notice shall be given to the parties to the appeal.

[11] I am keeping in mind that the overriding interest