Nik Hashim JC:

The plaintiffs applied for an enlargement of time under O. 3 r. 5(1) of the Rules of the High Court 1980 ('the Rules') to file a notice of appeal against the order of the Collector of the small estates made on 31 January 1982.

The application was supported by affidavit of plaintiffs Mamat bin Hassan, on the ground that he was entitled to the estate of the deceased according to the "faraid" and that he was unaware of the Collector's decision until 1994.

His explanation for the delay in making the application was that he had been staying in Terengganu ever since 1967.

The respondents objected to the application with the affidavits in support.

On being questioned by the Court on which law her application was based, Ariyani Ab. Hamid, learned Counsel for the plaintiffs, replied that she was proceeding her application under O. 55 r. 13(2) of the Rules and such being the case, she submitted that the Court has the power under O. 3 r. 5(1) to extend the time.
Order 3 r. 5(1) of the Rules provides:

The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these rules or by any judg