Jeffrey Tan J:

This is an application by the applicant/plaintiff (applicant) for enlargement of time to lodge notice of appeal against the whole of the decision, of the Batu Pahat Sessions Court, dismissing its claim against the respondents/defendants.

The rules governing the lodgement of civil appeals from the Subordinate Courts to the High Court provide that the "notice of appeal shall be filed within 14 days from the date on which the decision was pronounced" (O. 49 r. 2(2) of the Subordinate Courts Rules 1980) and that an appeal shall be brought by filing a notice of appeal as aforesaid "and by serving a copy of the notice on every party to the proceedings" (O. 49 r. 6(2) of the SCR 1980). The decision of the Batu Pahat Sessions Court was pronounced on 10 April 2001. Therefore, the applicant should have filed its appeal on or before 24 April 2001, and not, as was the case, on 11 May 2001. However, all is not lost, as time for lodgement of an appeal may be enlarged, either by the court appealed from or by this court (see Civil and Criminal Appeals in Malaysiaby Tan Kee Heng at p. 27 para 1.4.5; see also Lee Lan v. Lim Yoon Loy & Ors[1991] 3 CLJ 2393; [1991] 1 CLJ (Rep)