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2025 MarsdenLR 1199

HIGH COURT MALAYA KUALA LUMPUR
NADARAJAH LINGAM SINNADURAI & ORS – Appellant
Versus
DATO SRI DR SURESH RAJ LACHMANAN & ORS – Respondent


JUDGMENT

Suzana Muhamad Said JC:

(Enclosure 111)

Introduction

[1] This is the Plaintiffs' application pursuant to O 34 r 2(4) and O 92 r 4 of the Rules of Court 2012 ( ROC 2012) to reinstate their action that was struck out for non-compliance of an Unless Order (encl 111).

[2] This Court dismissed encl 111. The reasons are as deliberated.

Brief Facts

[3] The Plaintiffs commenced this action against the Defendants for tort of negligence arising from the demise of Madam Shanti A/P Ponnudurai (Deceased)in their personal capacity & claimed for psychiatric injuries due to the demise of the Deceased.

[4] The Deceased was the wife of the First Plaintiff and the mother of the Second, Third and Fourth Plaintiffs.

[5] The Deceased was under the treatment and care of the Defendants from 12 August 2016 to 28 August 2016.

[6] The case was called for several case managements, where this Court had instructed for parties to comply with pre-trial case management (PTCM) directions.

[7] On 27 March 2024,an unless order for compliance of the PTCM documents was given by this Court, that all PTCM documents to be filed on or before 19 April 2024. In the event the said PTCM documents were not filed, the claim and/

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