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2021 MarsdenLR 2809

HIGH COURT MALAYA PULAU PINANG
NAMACHIVAYAM SELVARAJA – Appellant
Versus
NARAYANASAMY KRISHNAN – Respondent


Petitioner Advocates:A Albert ,Respondent Advocate: Amit Singh Penesar

JUDGMENT

Wong Hok Chong JC:

Introduction

[1] This is the Respondent's application to strike-out the appeal on the grounds that the appeal is fatally defective and that there is no competent appeal before this Court. After hearing the respective parties' submissions, I allowed the Respondent's application and struck out the appeal. These are the grounds for my decision.

Background

[2] The background facts are as follows. This is an appeal against the decision of the learned Sessions Court Judge ("SCJ") after trial delivered on 22 November 2018.

[3] The Notice of Appeal was filed on the date of the decision was delivered (22 November 2018). However, the Notice of Appeal was not served on the Respondent within 14 days thereof. In fact, it was never served on the Respondent at all.

[4] The Appellant's solicitors then proceeded to compile and filed the Record of Appeal without first sending the draft index for the Record of Appeal to the Respondent for their perusal and, if warranted, objection. This led the defective Record of Appeal that omitted documents that should have been included, included documents that should not have been included and was not properly indexed.

[5] Two Supplementary R


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