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2021 MarsdenLR 2801

HIGH COURT MALAYA KUALA LUMPUR
JEGA JOTHY C THIAGARAJAH & ORS – Appellant
Versus
RUMAH BERHALA SRI NAGESWARI – Respondent


Petitioner Advocates:Dhinesh Muthal ,Respondent Advocate: Saran Gunasekaran

JUDGMENT

Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This concerned an application by the three plaintiffs to discontinue and withdraw their present suit against the defendant, with liberty to file afresh, under O 21 r 3 of the Rules of 2012 ("the ROC 2012"). At the conclusion of the hearing, which was conducted by way of remote communication technology via Zoom, I dismissed the application and highlighted the main grounds for the same. This judgment contains the full reasons for the decision.

Key Background Facts

[2] In essence, the first and second plaintiffs, who claimed to be members of the public who donated to the finances of the Hindu Temple - Persatuan Rumah Berhala Sri Nageswari, and the third plaintiff, a former office bearer of the association managing the temple, are suing the association for alleged wrongdoing such as abuse of position and breach of trust in its management and administration, including particularly in respect of the renovation works of the temple. The principal reliefs prayed for by the plaintiffs are injunctions directed against certain named individuals said to be office bearers of the association.

[3] Prior to the commencement of this suit, the same th


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