V KALANATHAN VEERAN v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA (JPN) & ORS
HIGH COURT MALAYA, KUALA LUMPUR
SU TIANG JOO J
[ORIGINATING SUMMONS NO: WA-31NCVC-3103-09-2024]
4 AUGUST 2025
[2025] CLJ JT (9)

Abstract – In Malaysia, the logical and primary source of information on the details of the next of kin of a deceased person, would be the Registrar of Births and Deaths, a public officer appointed under the Births and Deaths Registration Act 1957. The Registrar of Births and Deaths has a statutory duty to keep and maintain a sufficient number of registers for the recording of births, deaths and presumed deaths. Hence, in an application for discovery of the details of the family tree of a deceased person pursuant to O. 24 r. 7A of the Rules of Court 2012, the Registrar of Births and Deaths and the Registrar of Marriages from the National Registration Department should cooperate and facilitate the tracing of people with empathy to enable people to get on with their lives expeditiously and economically.

CIVIL PROCEDURE: Discovery – Application for – Discovery of details of family tree from National Registration Department ('NRD') – Application under O. 24 r. 7A, O. 62 r. 7 and/or O. 92 r. 4 of Rules of Court 2012 – Whether application may be made by any person – Essential elements for discovery – Whether satisfied – Whether documents sought will be ordered only if necessary – Whether NRD under statutory duty to supply information required – Whether discovery applied necessary for fair disposal of proceedings – Births and Deaths Registration Act 1957, ss. 6(1) & 31