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2018 MarsdenLR 2635

HIGH COURT MALAYA KUALA LUMPUR
KUNNA MANI P K SINNIAH – Appellant
Versus
SELVI KANAGASABAI & ANOR – Respondent


Table of Content
1. fundamental facts leading to the case. (Para 1 , 2 , 3)

[1] The parties shall be referred to by their original titles in the Magistrates Court, ie as "plaintiff" and "defendants". The record of appeal shall be referred to as "AR". These are my grounds of judgment in respect of an appeal by the plaintiff against the decision of the Magistrate dismissing an application to set aside a decision dated 19 June 2017 wherein the plaintiff's claim was dismissed with costs of RM1,000.00 and with liberty to file afresh. The decision was made under O 34 r (1) 3 of the Rules of 2012 on the grounds that the plaintiff had failed to comply with the Magistrate's directive that the plaintiff must appoint counsel to represent her when the matter comes up for continued trial. The matter came up for continued hearing on 19 June 2017 and the plaintiff was without a counsel. The Magistrate heard submissions and decided to dismiss the claim with liberty to file afresh. She also ordered costs of RM1,000.00 to be paid by the plaintiff. I shall refer to the decision dated 19 June 2017 as "the impugned decision".

The Background

[2] The plaintiff is an advocate and solicitor of High Court and c

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