JUDGMENT

Nor Izzati Zakaria M:

(Enclosure 11)

Introduction

[1] In this case, the plaintiff filed a civil action against the defendant claiming for a breach of the Sale and Purchase Agreement dated 28 July 2022. Plaintiff then obtained a judgment in default (hereinafter referred as "JID") against the defendant by the failure of the defendant to enter appearance within the stipulated time. The defendant vide encl 11 then filed an application strike out the judgment in default entered against him pursuant to O 13 r 8 of the Rules of 2012.

Brief Facts

[2] The plaintiff is an individual having his registered address at 28, Jalan Bukit Setongkol Jaya 108, 25200 Kuantan, Pahang.

[3] The defendant is an individual having his registered address at 2707, Taman Sri Taja, Jalan Jabur Kubur, 24000 Kemaman, Terengganu Darul Iman.

[4] By the Sale and Purchase Agreement dated 28 July 2022 entered into between the plaintiff and the defendant, the plaintiff had sold a motor lorry with a registration number of WQD 9596 and a motor trailer with a registration number of T/N 4040 the defendant at a purchase price of RM120,000.00 and had deposited RM50,000.00 as an advanced payment.

[5] The plaintiff claimed tha