JUDGMENT

Ali FJ (delivering judgment of the Court):

This notice of motion for an order to extend the time to serve the notice and record of appeal on the respondent was dismissed on the date of hearing 11 June 1973. We now give our reasons.

The judgment against the applicant was pronounced in the High Court at Kota Bharu on 1 February 1973. On 14 February 1973 his solicitors filed a notice of appeal in the Registry of that Court. But it was not served on the respondent until 27 May 1973. In view of r. 13 of the Federal Court (Civil Appeals) (Transitional) rules 1963 which prescribes the time limit for bringing an appeal, it is clear that the respondent was not served with the notice within the prescribed time of one month. The question is whether this precludes the applicant from appealing. The same question arose in Gurbachan Singh V. Seagrott & Campbell (no. 2) . The then Court of Appeal considered rr. 1A(1), 2 and 15 of O. 58 of the Rules of the Supreme Court, 1957 which are respectively identical in terms as rr. 6(1), 7 and 13 of the Federal Court (Civil Appeals) (Transitional) rules 1963, hereinafter referred to as the 1963 rules. Thomson CJ (as he then was) delivering the j