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Order 18 Rule 6

This document discusses the formal requirements for pleadings under Order 18 Rule 6 of the Malaysian Rules of Court. It summarizes that pleadings must (1) be divided into consecutively numbered paragraphs with each allegation in a separate paragraph, (2) express dates, sums, and numbers in figures, and (3) be signed by the solicitor or party if representing themselves and include their name and address. It also notes that failure to sign a pleading can adversely affect its authenticity and that an irregular pleading may be set aside by the court unless the other party waives the irregularity.

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393 views1 page

Order 18 Rule 6

This document discusses the formal requirements for pleadings under Order 18 Rule 6 of the Malaysian Rules of Court. It summarizes that pleadings must (1) be divided into consecutively numbered paragraphs with each allegation in a separate paragraph, (2) express dates, sums, and numbers in figures, and (3) be signed by the solicitor or party if representing themselves and include their name and address. It also notes that failure to sign a pleading can adversely affect its authenticity and that an irregular pleading may be set aside by the court unless the other party waives the irregularity.

Uploaded by

Anita Vk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

The year of issuance of writ action and


the number of action, the title of action
and description of pleadings.

Case: Arab-Malaysian Merchant Bank Bhd v


Dominance Resources Sdn Bhd & Anor 2002] 5 CLJ 1
2. Divided into paragraphs numbered
A statement of claim endorsed on a writ need not
consecutively, each allegation must
set out, the particulars in rule 6(1)(a) and (b) as a
be in separate paragraph.
statement of claim endorsed on a writ becomes part
of the writ on which it is endorsed, and in such case,
it is the face of the writ that will bear the year on
which the writ was issued, the number of the action
as well as title of the action. 3. Dates, sums and other
numbers shall be expressed
in gures.
ORDER 18 RULE 6
5. Every pleading shall be signed by solicitor OR
party (if he choose to sue/ defends in person) FORMAL REQUIREMENTS
OF PLEADINGS
Tay Choo Foo v Harrisons Holdings (M) Bhd [2001] 4 CLJ 52

Failure to sign pleading will adversely affect the authencity of


documents. 4. Endorsement.

Melaine Stokvis (Malaya) Ltd v Saloma Co [1959] 1 MLJ 241. Parties sues/ defends in person: with his name and
address.
The issue before the is whether or not the writ should be signed Any other case: with the name of rm and its
by counsel. In this case, the writ was a specially endorsed writ. business address.
Held, the omission of the signature of counsel was a fatal
defect. The writ in the present case is a nullity as it was not Arab-Malaysian Merchant Bank Bhd v Kawood Sdn
signed by counsel. Bhd.

Nayar v Gian Sigh & Co Ltd [1970] 1 MLJ 176. Rule 6(4) has no applicability where the statement of
claim edorsed on a writ because it is not a pleading,
While there is no specic rule which provides that amended it is a part of the writ which was endorsed.
pleadings must be signed "it may be safely assumed that Order
18 Rule 6(5) also apply to amended pleadings.
A pleading which does not conform to any of the requirements prescribed by
this rule is irregular and may be set aside, and JID of pleading. The other
party may however waive the iregularity.

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