JUDGMENT

Abdul Hamid Mohamad CJ:

[1] Like Application No. 08-149-2007(P) (Abdul Ghaffar bin Mohd. Amin v. Ibrahim b. Yusoff & Anor), this application was also heard on 28 January 2008. We dismissed it. These are my grounds.

[2] The first and second respondents are the parents of the deceased who died in a road accident on 11 December 1993. They brought a claim for bereavement and funeral expenses under s. 7 of the Civil Law Act 1956 (CLA 1956) in the Sessions Court at Seremban, on 6 December 1977, that is, 11 months and 23 days after the expiry of the limitation period under s. 7(5) of the Act. The case proceeded on two issues only ie, on liability and on the issue of limitation. The Sessions Court gave judgment for the respondents. The applicant appealed to the High Court. The High Court allowed the appeal. The High Court held that as the claim was under s. 7 of the CLA 1956 wherein there was a specific provision in that Act as regards limitation under s. 7(5) and as the provision was absolute with no exception, it need not be pleaded in the statement of defence.

[3] The respondents appealed to the Court of Appeal. The Court of Appeal allowed the appeal. The reason given by the Co