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2021 MarsdenLR 1109

HIGH COURT MALAYA PULAU PINANG
ECO HORIZON SDN BHD – Appellant
Versus
PENGHUNI-PENGHUNI ARULMIGU KUIL SRI MAHA MUTHU MARIAMMAN & ORS – Respondent


Petitioner Advocates:Tharminder Singh,Alvin Dev Singh ,Respondent Advocate: N Ahilan

JUDGMENT

(Lampiran 101)

Wong Hok Chong JC:

Introduction

[1] This is the Defendants' application for discovery pursuant to O 24 r 7 and 12 of the Rules of 2012 ("RC"). After hearing submissions, I dismissed the application. These are the grounds for my decision.

Background

[2] The Defendants' application was made pursuant to 2 rules of O 24 RC: Rule 7 (for discovery of particular documents) and r 12 (Order for production to Court):

"7. Order for discovery of particular documents (O 24 r 7)

(1) Subject to r 8, the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and if not then in his possession, custody or power when he parted with it and what has become of it."

"12. Order for production to Court (O 24 r 12)

(1) At any stage of the proceedings in any cause or matter the Court may, subject to r 13(1), order any party to produce to the Court any document in his possession, custody or power relating to any matter in questi


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