P.U.

(A)

Practice directions (O. 92, r. 3B)

3B. The Chief Judge after consulting the Chief Justice may issue such practice
directions as may be necessary for the better carrying out or giving effect to the
provisions of these Rules.

Inherent powers of the Court (O. 92, r. 4)

4. For the removal of doubt it is hereby declared that nothing in these Rules shall
be deemed to limit or affect the inherent powers of the Court to make any order as may
be necessary to prevent injustice or to prevent an abuse of the process of the Court.

ORDER 93
SMALL CLAIMS PROCEDURE

Application (O. 93, r. 1)

1. (1) This Order shall have effect in proceedings in the Magistrates’ Court
between an individual plaintiff and a defendant.

(2) In this Order, "plaintiff" means an individual person who is not an agent
or assignee of any debt of another person.

Limit of claim (O. 93, r. 2)

2. This Order shall apply to claims where the amount in dispute or the value of the
subject matter of the claim does not exceed five thousand ringgit.

Form of claim (O. 93, r. 3)

3. (1) Every such claim shall be in Form 198.

(2) The plaintiff shall state in Form 198 the amount and particulars of the
claim.

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Claim to be signed (O. 93, r. 4)

4. (1) Form 198 shall be signed or thumbprinted by the plaintiff personally.

(2) (There is no paragraph (2))

Filing and service (O. 93, r. 5)

5. (1) Form 198 shall be filed in four copies in the Registry upon payment of the
prescribed fee.

(2) The service of Form 198 may be effected by personal service or by

prepaid registered post addressed to the last known address of the defendant.

Defence and counterclaim (O. 93, r. 6)

6. (1) If the defendant who has been duly served with Form 198 disputes the
claim, he may deliver his defence in Form 199 to be filed in four copies within fourteen
days after service of the claim.

(2) Form 199 shall contain particulars as to why the defendant disputes the
claim and if the defendant has a counterclaim, he shall state the amount and the
particulars of the counterclaim in that form.

(3) Form 199 shall be signed or thumbprinted by the defendant personally.

(4) The service of Form 199 shall be effected in the manner prescribed
in rule 5(2).

(5) Where there is a counterclaim, the plaintiff may file a defence to such
counterclaim in Form 200.

No legal representation (O. 93, r. 7)

7. A party to any suit in this Court shall not be represented by a solicitor, except
where the defendant is required by law to be represented by an authorized person.

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Judgment in default (O. 93, r. 8)

8. (1) If the defendant does not file his defence in Form 199 as required
in rule 6(1), the Court may give judgment in Form 201 for the plaintiff on the hearing
date or may in its discretion adjourn the hearing to enable the defendant to file his
defence.

(2) Order 35, rules 1 and 2 shall apply where both parties are absent at the
hearing or where either party is absent at the hearing.

(3) Where the defendant is absent, the judgment to be entered shall be in

Form 202, and where the plaintiff is absent, the judgment to be entered shall be in
Form 203.

Admission of claim (O. 93, r. 9)

9. Where the defendant in his statement of defence admits the claim, the judgment
to be entered shall be in Form 204.

Application for setting aside judgment (O. 93, r. 10)

10. (1) Any judgment or order obtained where one party does not appear at the
hearing or any judgment obtained pursuant to rule 8(1), may be set aside by the Court
on the application of the aggrieved party in Form 205 on such terms as the Court thinks
just.

(2) An application under this rule shall be made within twenty-one days after
the service of the judgment or order or within such further time as the Court may, in its
discretion, allow.

Service of judgment or order (O. 93, r. 11)

11. Every judgment or order made or given under this Order shall be served on the
person against whom the judgment or order is made or given by prepaid registered post
by the Court.

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Continuation of proceedings where counterclaim exceeds limit (O. 93, r. 12)

12. (1) Notwithstanding anything contained in this Order, where a counterclaim
together with any interest thereon at the date of filing exceeds the sum of five thousand
ringgit, this Order shall cease to apply and the Court shall proceed to hear the case as if
the claim had been begun by a summons under Order 5. Order 14 shall not apply to a
case under this rule.

(2) Where the judgment entered by the Court on a counterclaim in

paragraph (1) does not exceed five thousand ringgit, rule 15 of this Order shall apply in
respect of costs.

Settlement (O. 93, r. 13)

13. (1) At the hearing of any matter before the Court, the Court shall where
possible assist the parties to effect the settlement of a case by consent.

(2) Any judgment obtained by consent shall be in Form 206.

(3) If the matter is not settled, the Court may proceed to hear the case and
give a decision thereon or may adjourn it to another date for final disposal, and the
judgment to be entered after a hearing shall be in Form 207.

Power of Magistrate (O. 93, r. 14)

14. (1) Before deciding on the case, the Court may ask the parties for further
information and in particular for a short description of the claim and the defence, as the
case may be, if such description has not been adequately supplied earlier.

(2) The Court shall consider the documentary or other evidence, including
affidavit evidence, tendered by the parties and in their presence shall hear such oral
evidence and argument, including written argument, as the parties may submit.

Costs (O. 93, r. 15)

15. (1) The Court may in its discretion award costs not exceeding one hundred
ringgit to any one party.

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(2) Costs for advocacy shall not be allowed in proceedings under this Order.

Enforcement of judgments and orders (O. 93, r. 16)

16. (1) Where a judgment or order has been served under rule 11, and the
person against whom the judgment or order is made or given (which is referred to as
the "judgment debtor") has not complied with the judgment or order, the party who has
obtained the judgment or order may file in the Court a notice to show cause in
Form 208, and serve in accordance with rule 5(2) a copy of it on the judgment debtor.

(2) The Court after examining the judgment debtor may—

(a) order a writ of seizure and sale to be issued in Form 84 with such
modification as may be necessary as to endorsement;

(b) allow the judgment debtor time to settle the judgment debt, or pay
the debt by instalments; or

(c) order the judgment debtor to be committed to prison.

ORDER 94
REPEAL, SAVING AND TRANSITIONAL PROVISIONS

Repeal (O. 94, r. 1)

1. The following Rules are repealed:

(a) the Rules of the High Court 1980 [P.U. (A) 50/1980];

(b) the Subordinate Courts Rules 1980 [P.U. (A) 328/1980].

Exception (O. 94, r. 2)

2. (1) Order 5, rule 1 shall not apply to the proceedings under the written laws
listed in Appendix C, except as provided under these Rules.

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