Abdul Wahab Patail J:

The appellant, unhappy with the summary decision of the judge of the Sessions Court, Shah Alam, filed this appeal under O. 49 r. 6 of the Subordinate Courts Rules 1980 . Pursuant to O. 49 r. 6(3) of the said Rules, the appellant filed his record of appeal.

The notice of appeal was filed on 1 February 1997 and the record of appeal on 20 February 1997.The sealed copy of the order was extracted on 26 February 1997.Between 3 and 4 March 1997, counsel received a letter from the registrar, Sessions Court Shah Alam dated 3 February 1997 advising that the Sessions Court would not be providing the notes of evidence and grounds of decision.

The appellant has then applied to this Court for orders as follows:

1. That the appellant be allowed to file additional record of appeal to include the sealed order of 20 January 1997.

2. That the appellant be allowed to file and serve the additional record of appeal within 14 days from the date of the order.

3. Directions as to whether the Sessions Court Shah Alam is obliged to provide to the appellant a certified true copy notes of evidence, grounds of decision and Form 141 under the Subordinate Courts Rules 1980; and whether the appellant needs to file a memorandum of appeal.

4. In the event the Court directs that the Sessions Court is so obliged, directions to the said Court to provide the documents. 5. In the event the Court directs that the Sessions Court is not so obliged, to set down the date to hear this appeal.

6. Costs in the cause.

7. Such other relief as the Court thinks fit.

The first two prayers above refers to the sealed copy of the order made on 20 January 1997 which was extracted on 26 February 1997.There is no need for this application since there is a practice direction issued to allow filing of the sealed order without making further application.The practice direction had been issued for the purpose of saving time and cost.That being the case these two prayers are not necessary and may be filed without further order.

Prayer 3 is somewhat more involved.

Order 49 r. 6 of the Subordinate Courts Rules 1980 (SCR) provides:

1. Notwitstanding anything contained in this Order, an appeal shall lie to a Judge in Chambers from any decision made by the Court other than a decision made after trial.

2. The appeal shall be brought by filing a notice of appeal in Form 140 within 14 days from the day on which the decision was pronounced, and serving a copy of the notice on every other party to the proceedings within the time limited for the filing of appeal to the Registrar of the High Court.

3. Within three weeks after the filing of the notice of appeal, the appellant shall file the record of appeal in the High Court and the record shall contain copies of:

(a) the application for the decision;

(b) the statement of claim, and where defence has been filed, the statement of defence;

(c) all affidavits filed in support of or in opposition to the application; and

(d) the decision appealed from;

but shall not include the notes of evidence, the grounds of judgment or any memorandum of appeal.

Order 55 of the Rules of the High 1980 (RHC) made provision for dealing in the High Court, of appeals from subordinate courts and statutory bodies, covering areas from the entry of appeal upon receiving of a record of appeal to memorandum of appeal, notice of cross-appeals, amendments, appearance, withdrawal, certain notices, interest, judgment and transmission of a certified copy thereof to the Court below, stay of execution, and appeals from other persons or body of persons.For the moment it is useful to read the first two rules under O. 55 RHC . They provide as follows:

1. Entry of Appeal

On receiving an appeal record (under O. 49 of the Subordinate Rules 1980 ) the Registrar shall enter the appeal in a list of appeals from Subordinate Courts.

2. Memorandum of Appeal

(1) The appellant shall, within fourteen days from the date of service on him of the notice in Form 141 un