Lee Hun Hoe CJ (Borneo)

This appeal is concerned with the construction of Order 15 rule 1(4) of the Subordinate Courts Rules, 1980 which is substantially the same as Order 20 rule 5(4) of the Rules of the High Court, 1980.

The plaintiff/respondent was the father of the deceased, Mohamed Shaiful bin Mohamed Amin, On May 3, 1978 deceased and his mother, Hanah binte Ahmad were passengers in the motor car MD 8589 driven by the respondent. A collision occurred between the motor car and a motor lorry Z7378 driven by 1st defendant, an employee of the 2nd defendant. As a result of the accident deceased died and both his parents suffered injuries. On April 23, 1981 the respondent sued the defendants in the Magistrate's Court at Seremban for damages on the ground of negligence. The statement of claim states clearly that:-

"… he brings this action on behalf of the deceased's estate by virtue of Section 8 of the Civil Law Act 1956 (hereinafter called 'the said Act')."

The defendants denied liability and blamed the respondent for the collision and counterclaimed against him for negligence.

It is not in dispute that the action was filed within the three-year period as prescribed by the Public Au