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2017 MarsdenLR 1120

HIGH COURT MALAYA SHAH ALAM
PACIFIC & ORIENT INSURANCE BERHAD – Appellant
Versus
RASIP HAMSUDI & ORS – Respondent


Table of Content
1. the appeal involves procedural claims concerning the proper inclusion of parties in legal actions. (Para 1 , 2 , 5)
2. overview of the case, procedural context and parties involved. (Para 6)
3. the arguments revolve around whether the 3rd defendant was correctly included in the judgment. (Para 11 , 12 , 16)
4. arguments presented by the 3rd defendant regarding liability and cause of action. (Para 13 , 20)
5. court's observations on the procedural aspects affecting judgment. (Para 25 , 27 , 28)
6. final decision regarding the irregularity of the judgment leads to the appeal's acceptance. (Para 26 , 43 , 48)
7. court's analysis leading to the decision on the irregularity of the judgment. (Para 38 , 40 , 50)

[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.

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