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2025 MarsdenLR 803

HIGH COURT MALAYA SHAH ALAM
ORIENTAL STEEL PIPE SDN BHD – Appellant
Versus
UNITED SECURITY SERVICES SDN BHD – Respondent


Petitioner Advocates:Ho Yuk Yuen,Amirah Najihah Ameruddin,Allisa Loh Yee Shin ,Respondent Advocate: Mandave Singh Gill Harinder Singh

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] This appeal by the Appellant/Plaintiff arises from the Sessions Court 's decision to allow the Respondent/Defendant's application to amend its Defence. Dissatisfied with that decision, the Appellant/Plaintiff has filed the present appeal. Beyond the substantive issue of whether the Sessions Court was correct in allowing the Respondent/Defendant's application to amend its Defence, this appeal also raises a critical preliminary procedural question: whether a subordinate Court 's decision to allow or disallow an application to amend pleadings, as in this case, is appealable.

The Twin Issues

[2] The primary issue for consideration in this appeal is the question of whether the decision by the Sessions Court which allowed the Respondent/Defendant to amend its Defence is appealable to this Court .

[3] If the answer to the above question is in the affirmative, this Court is required to deliberate on the issue of whether the Sessions Court properly exercised its discretion in allowing the said application by the Respondent/Defendant.

The Law And Principles In Relation To The First Issue

[4] The law governing civil appeals from the subordinat


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