Basic about Notice of appearance

Order 12 Rule 4 of Rules of High Court 1980 provided about the notice of appearance. It is the rule about writ. It provides if the defendant failed to file the notice of appearance, the plaintiff will obtain the judgment in default (JID). Meanwhile, "notice of conditional appearance" is an indication that the defendant will objection to the jurisdiction of the court before the case start (in condition that the objection is going to be overruled by the court. In the case of Bank Negara v Gerald Glpsy the court held that plaintiff must file the appearance although defendant disagree that the courts has not have jurisdiction. But, the defendant will filed in the notice " notice of conditional appearance". It must file within 8 days. So, if there is not submitted within the day, the plaintiff will obtain JID. The short services only in two days. Moreover, if the defendant did not file the notice of defence, the plaintiff can file the JID.

How to file JID?
Plaintiff can file the JID when the other parties does not file the appearance within 8 days. So, the plaintiff will file the draft order of JID and the registrar must file in the JID to the defendant. But before that, the certificate of non-appearance also have to file in. Meanwhile, the defendant will file the summon in chamber to set aside the JID.


* this is only for basic understanding, for more info's please refer the books and ask your lecturer.