JUDGMENT

Muniandy Kannyappan JC:

(Enclosure 79)

Background

[1] The plaintiffs filed this civil suit against the defendants on 9 October 2018.

[2] The Civil Suit is a contentious probate proceeding that is governed by O 72 of the Rules of 2012 ( ROC ).

[3] The plaintiffs proceeded to obtain judgment in default (JID) against the first and second defendant.

[4] The JID was set aside against the first and second defendant on 20 September 2019 and they were ordered to file their defence. Defence was filed on 18 October 2019.

[5] The third defendant on 26 May 2019 applied to intervene in this civil suit.

[6] On agreement of parties, by consent on 14 June 2019, the third defendant was allowed to intervene.

[7] Trial of this case had proceeded on 20 November 2019 and PW1 Perumal Sunderan had testified. He is an Accountant by profession and holds a Power of Attorney given to him by the plaintiffs. (Marked and tendered as ID2 during trial). Hearing of the case was postponed as counsel for first and second defendant had reserved his right to cross-examine PW1 on a later date. The Court was also informed that there will be three more witnesses testifying for case of the plaintiffs.

[8] On 23 October 2019