JUDGMENT

Ahmad Fairuz JCA:

This is a motion by the appellant/plaintiff for an extension of time to serve the notice of appeal on the respondent. By way of this motion too, the appellant sought to file and serve the record of appeal on the respondent.

The affidavit-in-support of the motion discloses that:

(a) the judgment of the High Court in Sabah and Sarawak at Bintulu was given on 22 November 1996;

(b) the appellant's counsel's letter of 29 November 1996 (exhibited as 'JAT 2') addressed to the respondent's counsel, enclosed the notice of appeal;

(c) the receipt proving the posting of 'JAT 2' by registered mail could not be found;

(d) the respondent was "aware of the notice of appeal as he responded to the appellant/plaintiff's application for stay of execution";

(e) the respondent's counsel's letter of 7 January 1997 also showed that the respondent was aware of the notice of appeal;

(f) the appellant had, on 23 December 1996, written to the Senior Assistant Registrar, High Court Sandakan, requesting for the notes of proceedings; and

(g) the secretary to the learned High Court judge in Sandakan had written on 30 December 1996 to the Senior Assistant Registrar, High Court M