JUDGMENT

Choong Yeow Choy J:

Introduction

[1] This appeal arises from a not uncommon scenario in civil procedure, where a judgment in default has been entered against a defendant, who thereafter seeks to have it set aside.

[2] The Respondents/Plaintiffs in the court below commenced an action against three defendants. The Respondents/Plaintiffs subsequently withdrew their claim against the 1st Defendant. Judgments in default were thereafter entered against the 2nd and 3rd Defendants. The present appeal concerns the application by the 2nd Defendant to set aside the default judgment entered against it. That application was dismissed by the Sessions court with costs of RM3,000.00, giving rise to the present appeal by the appellant (the 2nd Defendant in the court below). The default judgment against the 3rd Defendant is not in issue in this appeal.

[3] The parties in this appeal are referred to as they were in the Sessions court.

The Issues

[4] The issues for determination are twofold: first, whether service of the Writ of Summons on the 2nd Defendant was effected in accordance with the requirements of the Rules of 2012; and second, whether the second defendant has a defence on the merits to