JUDGMENT

Jamhirah Ali JC:

Introduction

[1] This is an application by the Applicant (Lim Yan Peng) for an order that the Applicant is made a party in this suit to substitute the Respondent/Plaintiff (deceased) pursuant to O 15 r 7 (1) and (2) to of the Rules of 2012 ( ROC 2012).

[2] The 1st Defendant objected to the said application. The 2nd Defendant had not filed an Affidavit in Reply to object, however, the learned counsel for the 2nd Defendant had informed this Court that the 2nd Defendant is supporting the 1st Defendant's objection.

Brief Facts

[3] The Applicant is the executor of the Deceased Lim Ban Kay @ Lim Chiam Boon's (the Plaintiff) estate pursuant to a grant of Probate dated 27 August 2019.

[4] The Plaintiff had obtained an order for the specific performance of four (4) agreements against the Defendants at the Court of Appeal on 27 August 2015 (the COA Order). On 25 January 2017, the Plaintiff filed an application to specifically perform the four (4) agreements in the High Court at Kuala Lumpur vide Originating Summons No WA- 24NCVC-149-01/2017 for either money to be paid or to transfer a portion of the targeted lots. However, the Plaintiff passed away in the middle of the s