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1960 MarsdenLR 44

HIGH COURT (KUALA LUMPUR)

THOMSON, CJ, RIGBY, J, ONG, J


REMBHA BAI
versus
JASANI

FM CIVIL APPLICATION NO. 2 OF 1960

Decided On : 12-13-60

Advocates:
For the applicant - HB Ball; Allen & Gledhill

JUDGMENT

Thomson CJ (delivering oral judgment):

This is an application for extension of time within which to file Notice of Appeal against a judgment of the High Court. The ground on which extension is asked for is that the applicant is said to be a poor person and has been engaged in securing leave to appeal in forma pauperis.

We are going to grant the application, which is not opposed, by giving her time till 31 December but we wish to express the view following what was said by the Court of Appeal in England in the case of Addison v. Addison & Holden [1960] 1 WLR 1088; [1960] 3 All ER 187, that in such a case the proper course is to give Notice of Appeal within the prescribed period and not await the event of any application to proceed as a poor person.

The period for filing is limited on the strongest grounds of public policy expressed in the maxim sit finis litium. The actual expense of giving Notice of Appeal is trivial and public policy demands that a successful litigant should have notice within the time prescribed by law that his position may be challenged.

Application allowed.

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