1 Ogos 20121 August 2012P.U. (A) 233

WARTA KERAJAAN PERSEKUTUANFEDERAL GOVERNMENT

GAZETTE

KAEDAH-KAEDAH MAHKAMAH PERSEKUTUAN(PINDAAN) 2012RULES OF THE FEDERAL COURT

(AMENDMENT) 2012

DISIARKAN OLEH/PUBLISHED BYJABATAN PEGUAM NEGARA/

ATTORNEY GENERAL’S CHAMBERS

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AKTA MAHKAMAH KEHAKIMAN 1964KAEDAH-KAEDAH MAHKAMAH PERSEKUTUAN (PINDAAN) 2012PADA menjalankan kuasa yang diberikan oleh seksyen 17 Akta Mahkamah Kehakiman1964 [Akta 91] dan dengan persetujuan Ketua Hakim Negara, Jawatankuasa Kaedah-Kaedah membuat kaedah-kaedah yang berikut:Nama dan permulaan kuat kuasa1. (1) Kaedah-kaedah ini bolehlah dinamakan Kaedah-Kaedah MahkamahPersekutuan (Pindaan) 2012.

(2) Kaedah-Kaedah ini mula berkuat kuasa pada 1 Ogos 2012.Pindaan kaedah 32. Kaedah-Kaedah Mahkamah Persekutuan 1995 [P.U. (A) 376/1995], yang disebutsebagai “Kaedah-Kaedah ibu” dalam Kaedah-Kaedah ini, dipinda dengan menggantikankaedah 3 dengan kaedah yang berikut:

“Application of theRules of Court 2012.etc.P.U. (A) 524/94.P.U. (A) 205/2012.

3. Where no other provision is made by any writtenlaw or by these Rules, the procedure and practice in theRules of Court of Appeal 1994 and the Rules of Court 2012shall apply mutatis mutandis.”.Penggantian kaedah 163. Kaedah-Kaedah ibu dipinda dengan menggantikan kaedah 16 dengan kaedahyang berikut:

“Mode of enteringappearance.P.U. (A) 205/2012

16. Appearance to a petition may be entered inaccordance with the provisions of Order 12 of the Rules ofCourt 2012.

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Penggantian kaedah 204. Kaedah-Kaedah ibu dipinda dengan menggantikan kaedah 20 dengan kaedahyang berikut:“Filing of thesummons fordirections. 20. (1) The Petitioner, within fourteen days after thefilling of the written statement of defence, takes out asummons in Form 2A (in these Rules referred to as asummons for directions) returnable in not less thanfourteen days.

(2) If the petitioner does not take out a summonsfor directions in accordance with the foregoing provisionsof this rule, the respondent or any respondent may do so orapply for an order to dismiss the action.(3) On an application by a respondent to dismissthe action under paragraph (2) the Court may eitherdismiss the action on such terms as may be just or deal withthe application as if it were a summons for directions.(4) In the case of an action which is proceedingonly as respects a counterclaim, references in this rule tothe petitioner and respondent shall be construedrespectively as references to the party making thecounterclaim and the respondent to the counterclaim.”.

Kaedah baru 21A, 21B dan 21C5. Kaedah-Kaedah ibu dipinda dengan memasukkan selepas kaedah 21 kaedah-kaedah yang berikut:“Duty to consider allmatters. 21A. (1) When the summons for directions first comesto be heard, the Court shall consider whether

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(a) it is possible to deal then with all thematters which, by the subsequent rulesof this Order, are required to beconsidered on the hearing of thesummons for directions; or(b) it is expedient to adjourn theconsideration of all or any of thosematters until a later stage.

(2) If, when the summons for directions firstcomes to be heard, the Court considers that it is possible todeal then with all the said matters, it shall deal with themforthwith and shall endeavour to secure that all othermatters which must or can be dealt with on interlocutoryapplications and have not already been dealt with are alsothen dealt with.(3) If, when the summons for directions firstcomes to be heard, the Court considers that it is expedientto adjourn the consideration of all or any of the matterswhich, by the subsequent rules of this Order, are requiredto be considered on the hearing of the summons, the Courtshall deal forthwith with such of those matters as itconsiders can conveniently be dealt with forthwith andadjourn the consideration of the remaining matters andshall endeavour to secure that all other matters which mustor can be dealt with on interlocutory applications and havenot already been dealt with are dealt with either then or ata resumed hearing of the summons for directions.(4) If the hearing of the summons for directionsis adjourned without a day being fixed for the resumed

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hearing thereof, any party may restore it to the list on twodays' notice to the other parties.Duty to give allinformation athearing. 21B. (1) Subject to paragraph (3), no affidavit shall beused on the hearing of the summons for directions exceptby the leave or direction of the Court, but, subject toparagraph (5), it shall be the duty of the parties to theaction and their solicitors to give all such information andproduce all such documents on any hearing of the summonsas the Court may reasonably require for the purposes ofenabling it properly to deal with the summons.

(2) The Court may, if it appears proper so to doin the circumstances, authorize any such information ordocuments to be given or produced to the Court withoutbeing disclosed to the other parties but, in the absence ofsuch authority, any information or document given orproduced under this paragraph shall be given or producedto all the parties present or represented on the hearing ofthe summons as well as to the Court.(3) No leave shall be required by virtue ofparagraph (1) for the use of an affidavit by any party on thehearing of the summons for directions in connection withany application thereat for any order if, under any of theserules, an application for such an order is required to besupported by an affidavit.(4) If the Court on any hearing of the summonsfor directions requires a party to the action or his solicitoror counsel to give any information or produce anydocument and that information or document is not given or

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produced, then, subject to paragraph (5), the Court may(a) cause the facts to be recorded in theorder with a view to such special order,if any, as to costs as may be just beingmade at the trial; or(b) if it appears to the Court to be just so todo, order the whole or any part of thepleadings of the party concerned to bestruck out, if the party is plaintiff or theclaimant under a counterclaim, orderthe action or counterclaim to bedismissed on such terms as may be just.

(5) Notwithstanding anything in the foregoingprovisions of this rule, no information or documents whichare privileged from disclosure shall be required to be givenor produced under this rule by or by the solicitors of anyparty otherwise than with the consent of that party.Duty to make allinterlocutoryapplications onsummons fordirections.

21C. (1) Any party to whom the summons fordirections is addressed must, so far as practicable, apply atthe hearing of the summons for any order or directionswhich he may desire as to any matter capable of being dealtwith on an interlocutory application in the action and must,not less than seven days before the hearing of thesummons, serve on the other parties a notice in Form 2Bspecifying those orders and directions in so far as theydiffer from the orders and directions asked for by thesummons.(2) If the hearing of the summons for directions

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is adjourned and any party to the proceedings desire toapply at the resumed hearing for any order or directionsnot asked for by the summons or in any notice given underparagraph (1), he must, not less than seven days before theresumed hearing of the summons, serve on the otherparties a notice specifying those orders and directions in sofar as they differ from the orders and directions asked forby the summons or in any such notice as aforesaid.(3) Any application subsequent to the summonsfor directions and before judgment as to any matter capableof being dealt with on an interlocutory application in theaction must be made under the summons by two clear days'notice to the other party stating the grounds of theapplication.”.

Pindaan kaedah 286. Kaedah 28 Kaedah-kaedah ibu dipinda dengan menggantikan perkataan “Rulesof the High Court 1980” dengan perkataan “Rules of Court 2012”.Pindaan kaedah 667. Kaedah 66 Kaedah-kaedah ibu dipinda

(a) dalam perenggan (2), dengan memasukkan perkataan “and must besupported by an affidavit” selepas perkataan “Form 6”; dan(b) dalam perenggan (4), dengan menggantikan perkataan “upon a motion inthe High Court” dengan perkataan “provided in the Rules of Court 2012”.

Pindaan kaedah 698. Kaedah 69 Kaedah-kaedah ibu dipinda dengan menggantikan perkataan “Rulesof the High Court 1980” dengan perkataan “Rules of Court 2012”.

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Pindaan kaedah 859. Kaedah 85 Kaedah-kaedah ibu dipinda dengan menggantikan perkataan “Rulesof the High Court 1980” dengan perkataan “Rules of Court 2012”.Penggantian kaedah 12210. Kaedah-kaedah ibu dipinda dengan menggantikan kaedah 122 dengan kaedahyang berikut:

“122. Save as hereinafter provided, the office hours for the Registry shall befrom 8:00 a.m. to 5:00 p.m. except on Friday the office hours shall be from 8:00a.m. to 12:15 p.m. and from 2:45 p.m. to 5:00 p.m..Provided that, the Registrar shall not receive any document presented for filingexcept as follows:(a) on Monday until Thursday between the hours of 8:30 a.m. to 4:00 p.m.;and(b) on Friday between the hours of 8:30 a.m. to 12:15 p.m. and from 2:45 p.m.to 4:00 p.m..”.

Pindaan Jadual Pertama11. Jadual Pertama Kaedah-kaedah ibu dipinda dengan memasukkan selepas Borang2 Borang yang berikut: “FORM 2A(rule 20)SUMMONS FOR DIRECTIONS

N.B.-Applicants to complete the text of any matter required and to strike out thenumber opposite any matter not required but not to strike out the text, whichmust be left for the Judge (or Registrar).

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(Title as in action)Let all parties concerned attend before the Judge on ............... the ...... day of............... 20 .............., at ...............m. on the hearing of an application for directions inthis action, that:1. This action be consolidated with action(s) in Suit No .................of …..., andSuit No ................ of .............2. The petitioner have leave to amend the petition by ........................................and that the service of the petition and the respondent’s appearance do stand,and that the costs incurred and thrown away by the amendment be therespondent's in any event.3. The petitioner have leave to amend the petition as shown in thedocument served herewith and to re-serve the amended petition in ........... days,with leave to the respondent to re-serve an amended defence (if so advised) in......... days thereafter, (and with leave to the petitioner to re-serve an amendedreply (if so advised) in ...... days thereafter) and that the costs incurred andthrown away by the amendments be the respondent's in any event.4. The respondent have leave to amend the defence as shown in (thedocument served with) the respondent's notice under this summons and to re-serve the amended defence in ...... days (or with leave to the petitioner to re-serve an amended reply (if so advised) in ...... days thereafter) and that the costsof and the costs thrown away as the result of the amendments be thepetitioner's in any event.5. The petitioner serve on the respondent within ...... days the further andbetter particulars of the petition specified in (the document served with) therespondent's notice under this summons.6. The respondent serve on the petitioner within ...... days the further and

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better particulars of the defence specified in the document served herewith.7. The petitioner serve on the respondent within ...... days the further andbetter particulars of the reply specified in (the document served with) therespondent's notice under this summons.8. The petitioner give security for the respondent's costs to the satisfactionof the Registrar in the sum of ............................. on the ground ..............................andthat in the meantime all further proceedings be stayed.9. The petitioner within ...... days serve on the respondent a list ofdocuments (and file an affidavit verifying such list) (limited to the documentsrelating to the(period from ............... to ...............)(issues raised in paras .............................. of the petition and paras .............................. ofthe defence)(issues of ......................................................................................................))10. The respondent within ...... days serve the petitioner with a list ofdocuments (and file an affidavit verifying such list) (limited to documentsrelating to the(period from ............... to ...............)(issues raised in paras .................................. of the petition and paras..............................of the defence)(issues of .....................................................................................................))11. There be inspection of documents within .............................. days of theservice of the lists (filing of the affidavits).12. The petitioner have leave to serve on the respondent the interrogatoriesshown in the document served herewith, and that the respondent answer theinterrogatories on affidavit within ..................... days.

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13. The respondent have leave to serve on the petitioner the interrogatoriesshown in the document served with the respondent's notice under thissummons, and that the petitioner answer the interrogatories on affidavit within.............. days.14. The petitioner (or respondent) (retain and preserve pending the trial ofthe action) (upon ........... days notice to give inspection of) (the subject matter ofthe action, to the respondent (or petitioner) and to his legal advisers (andexperts)).15. The statements in .............................. be admissible in evidence at the trialwithout calling as a witness the maker of the statements (and, if a copy of thatdocument certified by .................................. to be a true copy is produced, withoutproduction of the original document).16. An affidavit of .............................. (in the form of the draft affidavit (servedherewith) (with the respondent's notice under this summons)) (to be servedwithin …….... days) be admissible in evidence at the trial.17. Evidence of the following fact(s), namely, .............................. be received atthe trial by statement on oath of information and belief (by the production ofthe following documents or entries in books or copy documents or copy entriesin books, namely, ..............................).18. It be recorded that the parties ((petitioner) (respondent) refuses toadmit for the purposes of this action that .............................. the truth of thestatements in the document served (herewith) with the respondent's noticeunder this summons.19. Trial. (Estimated length and number of witnesses) ................ To be setdown within ............... days (and to be tried immediately after the action in Suit

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No .............................. of 20..............).20. The costs of this application be costs in the cause.Dated the .............. day of ..............., 20......Entered No .............................. 20......Clerk (Seal)

.....................................RegistrarTo the respondent(s) and to his (their) solicitors.This summons is taken out by .............................. of .............................., solicitors for thepetitioner.

FORM 2B(rule 21C)NOTICE UNDER SUMMONS FOR DIRECTIONS

(Title as in action)Take notice that the abovenamed respondent intends to apply at the hearing ofthe summons for directions herein for an order that (insert directions required- see Form 2A).Dated the ....... day of ..............., 20...........................................Solicitors for the

.....................................Registrar

Entered No. ..............................of 20......Clerk

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This summons is taken out by .............................................................................. solicitor for..........................................................To...................................................................................................................”Dibuat 31 Julai 2012[JK/MP 322 Jld. 11; PN(PU2)153/XIV]

TUN ARIFIN BIN ZAKARIAKetua Hakim Negara, Malaysia

TAN SRI ABDUL GANI PATAILPeguam Negara, Malaysia

TAN SRI DATO’ SERI MD. RAUS BIN SHARIFPresiden Mahkamah Rayuan, Malaysia

TAN SRI DATO’ SERI ZULKEFLI BIN AHMAD MAKINUDINHakim Besar Mahkamah Tinggi di Malaya

TAN SRI DATUK SERI PANGLIMA RICHARD MALANJUMHakim Besar Mahkamah Tinggi di Sabah dan Sarawak

DATO’ AHMAD BIN HJ. MAAROPHakim Mahkamah Persekutuan

DATUK ZAHARAH BINTI IBRAHIMHakim Mahkamah Rayuan

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DATUK DR. HAJI HAMID SULTAN BIN ABU BACKERHakim Mahkamah Tinggi di Malaya

DATUK DAVID WONG DAK WAHHakim Mahkamah Tinggi di Sabah dan Sarawak

PUAN AL-BAISHAH BINTI HJ. ABD. MANANHakim Kanan Mahkamah Sesyen, Kuala Lumpur

ENCIK LIM CHEE WEEPeguam bela, Semenanjung Malaysia

ENCIK G.B.B. NANDY @ GAANESHPeguam bela, Sabah

ENCIK KHAIRIL AZMI BIN MOHD HASBIEPeguam bela, Sarawak

[Akan dibentangkan di Dewan Rakyat menurut subseksyen 17(5) Akta MahkamahKehakiman 1964]

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COURTS OF JUDICATURE ACT 1964RULES OF THE FEDERAL COURT (AMENDMENT) 2012IN exercise of the powers conferred by section 17 of the Courts of Judicature Act 1964 [Act 91]and with the consent of the Chief Justice, the Rules Committee makes the following rules:Citation and commencement1. (1) These rules may be cited as the Rules of the Federal Court (Amendment)2012.

(2) These Rules come into operation on 1 August 2012.Amendment of rule 32. The Rules of the Federal Court 1995 [P.U. (A) 376/1995], which are referred to as the“principal Rules” in these Rules, are amended by substituting for rule 3 the following rule:

“Application of theRules of Court 2012.etc.P.U. (A) 524/94.P.U. (A) 205/2012.

3. Where no other provision is made by any writtenlaw or by these Rules, the procedure and practice in theRules of Court of Appeal 1994 and the Rules of Court 2012shall apply mutatis mutandis.”.Amendment of rule 163. The principal Rules are amended by substituting for rule 16 the following rule:

“Mode of enteringappearance.P.U. (A) 205/2012

16. Appearance to a petition may be entered inaccordance with the provisions of Order 12 of the Rules ofCourt 2012.Substitution of rule 204. The principal Rules are amended by substituting for rule 20 the following rule:

“Filing of thesummons fordirections. 20. (1) The Petitioner, within fourteen days after thefilling of the written statement of defence, takes out asummons in Form 2A (in these Rules referred to as a

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summons for directions) returnable in not less thanfourteen days.(2) If the petitioner does not take out a summonsfor directions in accordance with the foregoing provisionsof this rule, the respondent or any respondent may do so orapply for an order to dismiss the action.(3) On an application by a respondent to dismissthe action under paragraph (2) the Court may eitherdismiss the action on such terms as may be just or deal withthe application as if it were a summons for directions.(4) In the case of an action which is proceedingonly as respects a counterclaim, references in this rule tothe petitioner and respondent shall be construedrespectively as references to the party making thecounterclaim and the respondent to the counterclaim.”.

New rule 21A, 21B and 21C5. The principal Rules are amended by inserting after rule 21 the following rules:“Duty to consider allmatters. 21A. (1) When the summons for directions first comesto be heard, the Court shall consider whether

(a) it is possible to deal then with all thematters which, by the subsequent rulesof this Order, are required to beconsidered on the hearing of thesummons for directions; or(b) it is expedient to adjourn theconsideration of all or any of those

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matters until a later stage.(2) If, when the summons for directions firstcomes to be heard, the Court considers that it is possible todeal then with all the said matters, it shall deal with themforthwith and shall endeavour to secure that all othermatters which must or can be dealt with on interlocutoryapplications and have not already been dealt with are alsothen dealt with.(3) If, when the summons for directions firstcomes to be heard, the Court considers that it is expedientto adjourn the consideration of all or any of the matterswhich, by the subsequent rules of this Order, are requiredto be considered on the hearing of the summons, the Courtshall deal forthwith with such of those matters as itconsiders can conveniently be dealt with forthwith andadjourn the consideration of the remaining matters andshall endeavour to secure that all other matters which mustor can be dealt with on interlocutory applications and havenot already been dealt with are dealt with either then or ata resumed hearing of the summons for directions.(4) If the hearing of the summons for directionsis adjourned without a day being fixed for the resumedhearing thereof, any party may restore it to the list on twodays' notice to the other parties.

Duty to give allinformation athearing. 21B. (1) Subject to paragraph (3), no affidavit shall beused on the hearing of the summons for directions exceptby the leave or direction of the Court, but, subject toparagraph (5), it shall be the duty of the parties to the

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action and their solicitors to give all such information andproduce all such documents on any hearing of the summonsas the Court may reasonably require for the purposes ofenabling it properly to deal with the summons.(2) The Court may, if it appears proper so to doin the circumstances, authorize any such information ordocuments to be given or produced to the Court withoutbeing disclosed to the other parties but, in the absence ofsuch authority, any information or document given orproduced under this paragraph shall be given or producedto all the parties present or represented on the hearing ofthe summons as well as to the Court.(3) No leave shall be required by virtue ofparagraph (1) for the use of an affidavit by any party on thehearing of the summons for directions in connection withany application thereat for any order if, under any of theserules, an application for such an order is required to besupported by an affidavit.(4) If the Court on any hearing of the summonsfor directions requires a party to the action or his solicitoror counsel to give any information or produce anydocument and that information or document is not given orproduced, then, subject to paragraph (5), the Court may

(a) cause the facts to be recorded in theorder with a view to such special order,if any, as to costs as may be just beingmade at the trial; or(b) if it appears to the Court to be just so to

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do, order the whole or any part of thepleadings of the party concerned to bestruck out, if the party is plaintiff or theclaimant under a counterclaim, orderthe action or counterclaim to bedismissed on such terms as may be just.(5) Notwithstanding anything in the foregoingprovisions of this rule, no information or documents whichare privileged from disclosure shall be required to be givenor produced under this rule by or by the solicitors of anyparty otherwise than with the consent of that party.

Duty to make allinterlocutoryapplications onsummons fordirections.21C. (1) Any party to whom the summons fordirections is addressed must, so far as practicable, apply atthe hearing of the summons for any order or directionswhich he may desire as to any matter capable of being dealtwith on an interlocutory application in the action and must,not less than seven days before the hearing of thesummons, serve on the other parties a notice in Form 2Bspecifying those orders and directions in so far as theydiffer from the orders and directions asked for by thesummons.

(2) If the hearing of the summons for directionsis adjourned and any party to the proceedings desire toapply at the resumed hearing for any order or directionsnot asked for by the summons or in any notice given underparagraph (1), he must, not less than seven days before theresumed hearing of the summons, serve on the otherparties a notice specifying those orders and directions in sofar as they differ from the orders and directions asked forby the summons or in any such notice as aforesaid.

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(3) Any application subsequent to the summonsfor directions and before judgment as to any matter capableof being dealt with on an interlocutory application in theaction must be made under the summons by two clear days'notice to the other party stating the grounds of theapplication.”.Amendment of rule 286. Rule 28 of the principal Rules is amended by substituting for the words “Rules ofthe High Court 1980” the words “Rules of Court 2012”.Amendment of rule 667. Rule 66 of the principal Rules is amended

(a) in paragraph (2), by inserting the words “and must be supported by anaffidavit” after the words “Form 6”; and(b) in paragraph (4), by substituting for the words “upon a motion in the HighCourt” the words “provided in the Rules of Court 2012”.

Amendment of rule 698. Rule 69 of the principal Rules is amended by substituting for the words “Rules ofthe High Court 1980” the words “Rules of Court 2012”.Amendment of rule 859. Rule 85 of the principal Rules is amended by substituting for the words “Rules ofthe High Court 1980” the words “Rules of Court 2012”.Substitution of rule 12210. The principal Rules are amended by substituting for rule 122 the following rule:

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“122. Save as hereinafter provided, the office hours for the Registry shall befrom 8:00 a.m. to 5:00 p.m. except on Friday the office hours shall be from 8:00a.m. to 12:15 p.m. and from 2:45 p.m. to 5:00 p.m..Provided that, the Registrar shall not receive any document presented for filingexcept as follows:(a) on Monday until Thursday between the hours of 8:30 a.m. to 4:00 p.m.;and(b) on Friday between the hours of 8:30 a.m. to 12:15 p.m. and from 2:45 p.m.to 4:00 p.m..”.

Amendment of First Schedule11. The First Schedule of the principal Rules is amended by inserting after Form 2the following forms: “FORM 2A(rule 20)SUMMONS FOR DIRECTIONS

N.B.-Applicants to complete the text of any matter required and to strike out thenumber opposite any matter not required but not to strike out the text, whichmust be left for the Judge (or Registrar).(Title as in action)Let all parties concerned attend before the Judge on ............... the ...... day of............... 20 .............., at ...............m. on the hearing of an application for directions inthis action, that:

1. This action be consolidated with action(s) in Suit No .................of …..., andSuit No ................ of .............

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2. The petitioner have leave to amend the petition by ........................................and that the service of the petition and the respondent’s appearance do stand,and that the costs incurred and thrown away by the amendment be therespondent's in any event.3. The petitioner have leave to amend the petition as shown in thedocument served herewith and to re-serve the amended petition in ........... days,with leave to the respondent to re-serve an amended defence (if so advised) in......... days thereafter, (and with leave to the petitioner to re-serve an amendedreply (if so advised) in ...... days thereafter) and that the costs incurred andthrown away by the amendments be the respondent's in any event.4. The respondent have leave to amend the defence as shown in (thedocument served with) the respondent's notice under this summons and to re-serve the amended defence in ...... days (or with leave to the petitioner to re-serve an amended reply (if so advised) in ...... days thereafter) and that the costsof and the costs thrown away as the result of the amendments be thepetitioner's in any event.5. The petitioner serve on the respondent within ...... days the further andbetter particulars of the petition specified in (the document served with) therespondent's notice under this summons.6. The respondent serve on the petitioner within ...... days the further andbetter particulars of the defence specified in the document served herewith.7. The petitioner serve on the respondent within ...... days the further andbetter particulars of the reply specified in (the document served with) therespondent's notice under this summons.8. The petitioner give security for the respondent's costs to the satisfactionof the Registrar in the sum of ............................. on the ground ..............................andthat in the meantime all further proceedings be stayed.

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9. The petitioner within ...... days serve on the respondent a list ofdocuments (and file an affidavit verifying such list) (limited to the documentsrelating to the(period from ............... to ...............)(issues raised in paras .............................. of the petition and paras .............................. ofthe defence)(issues of ......................................................................................................))10. The respondent within ...... days serve the petitioner with a list ofdocuments (and file an affidavit verifying such list) (limited to documentsrelating to the(period from ............... to ...............)(issues raised in paras .................................. of the petition and paras..............................of the defence)(issues of .....................................................................................................))11. There be inspection of documents within .............................. days of theservice of the lists (filing of the affidavits).12. The petitioner have leave to serve on the respondent the interrogatoriesshown in the document served herewith, and that the respondent answer theinterrogatories on affidavit within ..................... days.13. The respondent have leave to serve on the petitioner the interrogatoriesshown in the document served with the respondent's notice under thissummons, and that the petitioner answer the interrogatories on affidavit within.............. days.14. The petitioner (or respondent) (retain and preserve pending the trial ofthe action) (upon ........... days notice to give inspection of) (the subject matter ofthe action, to the respondent (or petitioner) and to his legal advisers (and

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experts)).15. The statements in .............................. be admissible in evidence at the trialwithout calling as a witness the maker of the statements (and, if a copy of thatdocument certified by .................................. to be a true copy is produced, withoutproduction of the original document).16. An affidavit of .............................. (in the form of the draft affidavit (servedherewith) (with the respondent's notice under this summons)) (to be servedwithin …….... days) be admissible in evidence at the trial.17. Evidence of the following fact(s), namely, .............................. be received atthe trial by statement on oath of information and belief (by the production ofthe following documents or entries in books or copy documents or copy entriesin books, namely, ..............................).18. It be recorded that the parties ((petitioner) (respondent) refuses toadmit for the purposes of this action that .............................. the truth of thestatements in the document served (herewith) with the respondent's noticeunder this summons.19. Trial. (Estimated length and number of witnesses) ................ To be setdown within ............... days (and to be tried immediately after the action in SuitNo .............................. of 20..............).20. The costs of this application be costs in the cause.Dated the .............. day of ..............., 20......Entered No .............................. 20......Clerk (Seal)

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.....................................RegistrarTo the respondent(s) and to his (their) solicitors.This summons is taken out by .............................. of .............................., solicitors for thepetitioner.

FORM 2B(rule 21C)NOTICE UNDER SUMMONS FOR DIRECTIONS

(Title as in action)Take notice that the abovenamed respondent intends to apply at the hearing ofthe summons for directions herein for an order that (insert directions required- see Form 2A).Dated the ....... day of ..............., 20...........................................Solicitors for the

.....................................Registrar

Entered No. ..............................of 20......ClerkThis summons is taken out by .............................................................................. solicitor for..........................................................To...................................................................................................................”

Made 31 July 2012[JK/MP 322 Jld. 11; PN(PU2)153/XIV]

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TUN ARIFIN BIN ZAKARIAChief Justice, Malaysia

TAN SRI ABDUL GANI PATAILAttorney General, Malaysia

TAN SRI DATO’ SERI MD. RAUS BIN SHARIFPresident of the Court of Appeal, Malaysia

TAN SRI DATO’ SERI ZULKEFLI BIN AHMAD MAKINUDINChief Judge of the High Court in Malaya

TAN SRI DATUK SERI PANGLIMA RICHARD MALANJUMChief Judge of the High Court in Sabah and Sarawak

DATO’ AHMAD BIN HJ. MAAROPJudge of the Federal Court

DATUK ZAHARAH BINTI IBRAHIMJudge of the Court of Appeal

DATUK DR. HAJI HAMID SULTAN BIN ABU BACKERJudge of the High Court in Malaya

DATUK DAVID WONG DAK WAHJudge of the High Court in Sabah and Sarawak

PUAN AL-BAISHAH BINTI HJ. ABD. MANANSenior Sessions Court Judge, Kuala Lumpur

ENCIK LIM CHEE WEEAdvocate, Peninsular Malaysia

P.U. (A) 233

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ENCIK G.B.B. NANDY @ GAANESHAdvocate, Sabah

ENCIK KHAIRIL AZMI BIN MOHD HASBIEAdvocate, Sarawak

[To be laid before the Dewan Rakyat pursuant to subsection 17(5) of the Courts of Judicature Act1964]