FEDERAL GOVERNMENT

GAZETTE
2 July 2012
P.U. (A)

RULES OF COURT 2012

PUBLISHED BY
ATTORNEY GENERAL’S CHAMBERS
 P.U. (A)

(b) by sending a copy of it by registered post addressed to the

corporation at the office, or, if there are more offices than one at
the principal office of the corporation, whether such office is
situated within Malaysia or elsewhere;

(c) by handing a copy of it to the secretary or to any director or other

officer of the corporation; or

(d) in the case of a foreign company registered under Part XI of the

Companies Act 1965 [Act 125] by handing a copy of it to, or
sending the same by registered post to, a person authorized to
accept service of process on behalf of the foreign company.

(2) The rule does not restrict the operation of the provisions of any written
law as to service on any particular person or authority.

(3) Where service is effected under this rule, the person served shall be
entitled on demand to inspect the original writ.

(O. 62, r. 4A)

4A. (There is no rule 4A)

Substituted service (O. 62, r. 5)

5. (1) If, in the case of any document which in accordance with these Rules is
required to be served personally on any person, it appears to the Court that it is
impracticable for any reason to serve that document personally on that person, the
Court may make an order in Form 133 for substituted service of that document.

(2) An application for an order for substituted service shall be made by notice
of application supported by an affidavit in Form 134 stating the facts on which the
application is founded.

315
 P.U. (A)

(3) A substituted service of a document, in relation to which an order is made

under this rule, is effected by taking such steps as the Court may direct to bring the
document to the notice of the person to be served.

Ordinary service: How effected (O. 62, r. 6)

6. (1) The service of any document, not being a document which in accordance
with these Rules is required to be served personally, may be effected—

(a) by leaving the document at the proper address of the person to be

served;

(b) by prepaid registered post;

(c) by facsimile in accordance with paragraph (3);

(d) in such other manner as may be agreed between the party serving
and the party to be served; or

(e) in such other manner as the Court may direct.

(2) For the purpose of this rule, and of section 2 of the Interpretation Acts
1948 and 1967, in its application to this rule, the proper address of any person on
whom a document is to be served in accordance with this rule shall be the address for
service of that person, but if at the time when service is effected that person has no
address for service his proper address for the purpose aforesaid shall be—

(a) in any case, the business address of the solicitor, if any, who is
acting for him in the proceedings in connection with which service
of the document in question is to be effected;

(b) in the case of an individual, his usual or last known address;

316
 No. 133

ORDER FOR SUBSTITUTED SERVICE (O. 62, r. 5)

(Title as in action)

Upon the application of .................. the plaintiff in this action and upon reading the affidavit of................. filed
the............... day of ........., 20...... and upon hearing…………………………….

It is ordered that service of a copy of this order, and a copy of the writ in this action by sending the same
by a prepaid registered post letter addressed to the defendant............ at ................(or such other substituted
service as may be ordered) shall be good and sufficient service of the writ.

Dated the.................. day of................., 20.........

(Seal)

...................
Registrar