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2024 MarsdenLR 2872

HIGH COURT MALAYA IPOH
ZURICH TAKAFUL MALAYSIA BERHAD – Appellant
Versus
YATHAVAN DORAISAMY & ANOR – Respondent


Petitioner Advocates:KB Tan ,Respondent Advocate: R Vigneswaran Raju,Roshini Ramasamy

JUDGMENT

Moses Susayan JC:

[1] The plaintiff filed an application in encl 121 under O 20 r 5 and O 92 r 4 of the Rules of 2012, seeking leave to amend its amended statement of claim dated 21 January 2022 30 and simultaneously filed an application in encl 124 to reopen the plaintiff's case, in anticipation of the amendment. These applications were made after the trial had progressed into the defendant's case, with the plaintiff having already closed its case. The defendants object to both applications for this reason and others.

[2] Since the amendment application in encl 121 directly impacts the application to reopen the plaintiff's case, this Court decided to hear the application in encl 121 first. Upon granting the amendment, I have also, in the interest of a fair trial, allowed encl 124 for the plaintiff to reopen its case.

Background Facts

[3] The plaintiff, a licensed takaful operator, issued a takaful policy known as Takaful Senior Gold (Certificate No Z173718852) to Mr Parameswaran A/L Kanaan, now deceased. The 1st defendant (D1) was named as the nominee in the policy. The 2nd defendant (D2), the deceased's lawful wife, is the representative of his estate. The plaintiff initia


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