Introduction

[1] The application before me raises an interesting point of procedure. The point being whether the plaintiff one Prof. Dato' Dr Rahmat Bin Mohamad, who is the former Chairman of Suruhanjaya Hak Asasi Manusia (Human Rights Commission of Malaysia) ["SUHAKAM"], is entitled - as of right - to discontinue a Writ of Summon that he has filed against a senior staff of Suhakam with liberty to file afresh on the ground that he has filed his Notice of Discontinuance within the timeline prescribed under O 21 r 2(1) of the Rules of 2012. ["ROC"]

[2] The plaintiff contends that I, namely, the Court has no power and jurisdiction to impose terms on his withdrawal once he comes within O 21 r 2(1) of the ROC. He says that I can only impose terms if his withdrawal is pursuant to O 21 r 3 of the ROC.

[3] In short, the plaintiff contends I cannot order a discontinuance without liberty to file afresh and that the only order I can make is to allow the plaintiff's application to withdraw the Writ wi