TETUAN AMRAN JOSEPH, CHAN & CO

On the court record

A party firm in civil proceedings turning on setting aside default judgments, case-management striking out under Order 34, and the citation procedure for challenging a grant of probate.

Tetuan Amran Joseph, Chan & Co appears in the corpus as a named defendant in civil proceedings that turn on default judgments, case-management compliance, and the procedure for challenging a grant of probate.

One matter, framed in Bahasa Malaysia, concerned an application to set aside a perintah penghakiman ingkar (judgment in default order) and to enter a defence. The court's framing recorded a defence said to be meritorious, an irregularity described as luar aturan (out of the rules), and a criticism of a sikap sambil lewa (a casual or indifferent attitude) in the conduct of the matter.

A second matter concerned procedural non-compliance and striking out under Order 34 of the Rules of Court 2012. The court recorded that, where parties repeatedly failed to comply with case-management directions and remained absent from pre-trial proceedings despite indulgences, the court is empowered under Order 34 rules 1(3), 2(3) and 6(1) to strike out the defences; the defendants' conduct amounted to procedural abuse, the defences were struck out, and judgment was entered in full for the plaintiffs.

A third matter concerned an application to strike out a writ and statement of claim, alleging non-compliance with Order 72 rule 7 of the Rules of Court 2012 for failure to issue a citation before commencing a writ to revoke a grant of probate. The court considered whether an application under Order 18 rule 19(1)(d) was sustainable without a supporting affidavit, whether the statement of claim disclosed a reasonable cause of action based on pleaded facts of fraud, and whether a citation subsequently filed cured the procedural lapse under Order 2 rule 1.

These proceedings show the firm as a party in litigation about default judgments, case-management discipline and probate procedure. The narrative names the party firm, refers to natural persons by role, and states outcomes only as recorded.