JUDGMENT

SM Komathy Suppiah J:

[1] This was an application by the appellant seeking an extension of time to serve the Draft Index which was served together with the record of appeal on the respondents solicitors and to regularise the appellant's record of appeal which was filed before the service of the draft index. It was brought before me pursuant to O 3 and/or O 92 of the Rules of 2012.

[2] The respondents objected to the application on three principal grounds:

a. There has been inordinate delay in filing the application;

b. There was no satisfactory explanation for the delay; and

c. The respondents would be prejudiced if the application is granted.

[3] After hearing argument, I decided all three issues in favour of the appellant and I now give my reasons for doing so.

Chronology Of Events

[4] It will be helpful to set out the chronology of the material events.

[5] In September 2017, the plaintiffs/respondents commenced a civil suit at the Kuala Kubu Sessions Court against the appellant/defendant for damages in respect of a motor vehicle accident that took place on 28 October 2015.

[6] On 5 December 2018, the learned Sessions Judge allowed the respondents' claim against the appellant and