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2021 MarsdenLR 3437

HIGH COURT MALAYA KUALA LUMPUR
MALACHEMENAIDU & ANOR – Appellant
Versus
HAJJAH SARAH & ORS (ENCL 116) – Respondent


Petitioner Advocates:M Lavendran,Andrea Tan Soon Li ,Respondent Advocate: Yeoh Choo Keong,Navpreet Singh

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The 2nd defendant ("Ghulam") in Suit No 22NCvC-662-12/2015 ("Suit 662") filed an application vide encl 116 ("Enc 116") to strike out the plaintiffs' Writ and Statement of Claim in Suit 662. Enc 116 is made under O 18 r 19(1)(b) and/or (d) of the Rules of 2012 ("ROC").

[2] Vide Enc 116, Ghulam also applied to strike out the plaintiffs' Writ and Statement of Claim in Suit No 22NCvC-665-12/2015 ("Suit 665"). Ghulam is the 1st defendant in Suit 665.

[3] In turn, the plaintiffs in Suit 662 filed an application vide encl 126 ("Enc 126") for leave to amend their Statement of Claim. Enc 126 is made under O 20 r 5 of the ROC.

[4] The plaintiffs in Suit 665 likewise filed an application vide encl 128 ("Enc 128") for leave to amend their Statement of Claim. Enc 128 is made under O 20 r 5 of the ROC.

[5] The plaintiffs in Suit 662 and Suit 665 are collectively referred to as the "plaintiffs". The Statements of Claim in Suit 662 and Suit 665 are collectively referred to as the "SOCs".

[6] I heard all 3 enclosures (Enc 116, Enc 126 and Enc 128) together. I allowed both Enc 126 and Enc 128 for the SOCs to be amended as proposed. I dismissed Enc 116 and did no


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