In civil proceedings:
(a) A Plaintiff has a legal obligation to serve his/her/its Originating Summons or Writ on a Defendant;[1]
(b) A Defendant has a legal obligation to serve his/her/its Defence and Counterclaim on an additional party[2] if the Defendant files a counterclaim against an additional party.[3]
For the purposes of this article:
(a) The Plaintiff in a main claim, and the Defendant in a counterclaim will be referred to as the “Initiating Party”; and
(b) The Defendant in a main claim, and the additional party in a counterclaim will be referred to as the “Opposing Party”.
In the event the Initiating Party is unable to serve the relevant pleading on the Opposing Party according to the prescribed method of service, the initiating party has to file an application to the Court for substituted service.
A substituted service order, which is the outcome of an application for substituted service, would allow the Initiating Party to serve the relevant pleading on the Opposing Party via alternative means.
The most common alternative means are as follows:
(a) A one (1) time advertisement in the newspaper;
(b) Posting the relevant pleading on the relevant Court’s notice board; and
(c) Posting the relevant pleading at the Opposing Party’s last known address.
Once the Initiating Party complies with the terms of the substituted service order, the Initiating Party will be deemed to have served the relevant pleading on the Opposing Party.
Disclaimer: The contents of this article are intended for information dissemination and academic discussion only and should not be construed as legal advice on a specific set of facts or circumstances. Should you require legal assistance, you may contact us via email (liti@pelim.my) or via WhatsApp/telephone call (+6011-5672 7813).
[1] Order 10 Rule 1(1) of the Rules of Court 2012 read together with Order 10 Rule 5 of the Rules of Court 2012
[2] Order 15 Rule 3(4) of the Rules of Court 2012
[3] Order 15 Rule 3 of the Rules of Court 2012