Zaki Tun Azmi CJ:

Introduction

[1] These appeals concern the interpretation and application of O 6 r 7(2) and 7(2A) of the Rules of the High 1980 ("RHC"). Related to that is the manner in which O 1A RHC is to be applied.

[2] The two appeals before us relating to the said issues are Rayuan Sivil No 02-42-2008 (W) (hereinafter referred to as Appeal A) and Rayuan Sivil No 02-43-2008 (W) (hereinafter referred to as Appeal B). The parties rely on submissions and bundle of authorities submitted in regard to Appeal A. The issues in both appeals arose because both writs from which the appeals originated were extended even though no attempts were made to serve either of them on the appellant. The validity and effect of these renewals are what is ought to be impugned.

[3] The following question was therefore posed to us:

Whether the requirement of showing such efforts that have been made to effect service of a writ under O 6 r 7(2A) RHC is a mandatory prerequisite to the exercise of discretion under O 6 r 7(2) RHC.

[4] During the course of the hearing, we allowed a consequential question to be posed and it is as follows:

In the event of such a failure to comply with the prerequisites of O