[1] This is an appeal by the Appellant who is the 3rd Defendant against the order of the Sessions Court dated 11 April 2016 dismissing the Appellant's application under O 18 r 19 of the Rules of 2012 ( ROC 2012) to remove its name as the 3rd Defendant from the judgment of the Sessions Court Selayang dated 28 April 2015.

[2] There was a civil suit filed by the Respondents, who are the 1st, 2nd and 3rd Plaintiffs against the 1st and 2nd Defendants in one accident case. The 3rd Defendant filed an application under O 18 r 19 of the ROC 2012 dated 17 November 2015 after being served with the Sessions Court's Order of 28 April 2015 with supporting affidavit stating that the Sessions Court should not include the 3rd Defendant as it had filed a Notice to Discontinue before the judgment was granted, under O 21 r 2 of the 2012.

[3] The issue raised by the 3rd Defendant's counsel before this Court is whether the Plaintiffs were correct in law to include the name of the 3rd Defendant in the Order of the Sessions Court of 28 April 2015. The 3rd Defendant is also praying for O 92 of the ROC 2012.

[4] The parties, in this judgment will be referred to as they were in the Sessions Court. At t