Abdul Kadir Sulaiman J

This is yet another effort made by an aggrieved party to persuade me to have a second look at my decision made in Datuk Bandar Kuala Lumpur v Seman bin Amat & Ors [1996] 3 CLJ 263 ('Seman 's case'), in the light of other High Court decisions which appear to differ from my said decision. In my said decision, I held that pursuant to O 49 r 6 of the Subordinate Courts Rules 1980 ('the SCR') an appeal from a decision of a subordinate court other than a decision made after trial is not properly brought if the notice of appeal in respect of such decision is not filed with the Registrar of the High Court as required by sub-r (2) thereof. If it is not so brought, it does not confer jurisdiction upon the judge in chambers to hear such an appeal.

The appellant in this case before me now was the defendant in the court below. It filed a notice of appeal on 29 December 1995 at the magistrates' court registry against the decision of the learned magistrate given on 28 December 1995 allowing the application of the respondent/plaintiff for summary judgment under O 26A of the SCR. Soon after the filing of the notice of appeal, the appellant filed the record of appeal and the m