JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the appellant/defendant's appeal against the decision of the learned magistrate who refused to allow the defendant's application to set aside the judgment in default of appearance on the grounds of two preliminary objections raised by the respondent.

[2] The appellant complaints that the learned magistrate did not consider the merits of the application but decided to dismiss the application on the grounds of two preliminary objections made by the respondent without prior notice to the appellant. The preliminary objections raised are as follows:

(a) the learned magistrate has "no jurisdiction/power to set aside judgment in default" in reliance of the case of ; [2000] 6 MLJ 355; [2000] 2 CLJ 744; [2000] 2 AMR 1991 and ; [2004] 8 CLJ 117.

(b) the said application was filed "out of time" with reference to O 29 r 14 of the Subordinate Courts Rules 1980 (SCR) and ; [2006] 7 MLJ 91; [2006] 7 CLJ 27, and ; [2006] 7 CLJ 309; [2006] 6 AMR 282.

[3] Before this court, the respondent also raises two more preliminary objections namely:

(i) the record of appeal herein dated 5 March 2007 is defective for failure to comp