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2018 MarsdenLR 3168

HIGH COURT MALAYA SHAH ALAM
VENGADASALAM MUNUSAMY & ANOR – Appellant
Versus
SANKARAN KURTY ANANDHAN & ANOR – Respondent


Petitioner Advocates:Manoharan Malayalam,Kirthiraj Rajasundram ,Respondent Advocate: Ratnavathy N

Table of Content
1. application to amend notice of appeal is under consideration. (Para 1 , 2)
2. application by appellants to amend notice. (Para 3)
3. the power of the court to allow amendments must serve justice. (Para 4 , 5)
4. respondent's objections against validity of the appeal presented. (Para 6)
5. the court's evaluation of the necessity of naming parties. (Para 7 , 8 , 9 , 10)

[1] This is an application by the Appellants/ Plaintiffs pursuant to O 20 r 8 Rules of 2012 (" ROC 2012") dated 14 August 2018 (encl 5) to amend the Notice of Appeal.

[2] The cause papers for this application are as follows:

(a) The Appellant/ Plaintiffs Notice of Application dated (Ex-Parte) dated 14 August 2018;

(b) The Appellants/ Plaintiffs Affidavit in Support affirmed by Vengadasalam a/l Munusamy and Muniamah a/p Renu on 14 August 2018; and

(c) The Third Respondent/ Defendants Affidavit in Reply affirmed by P. Umma Devi a/p Periasamy on 29 August.

The Essential Fact

[3] Having read all the Affidavits filed by the respective, I have concluded the fact as below:

(a) Appellant's/Plaintiffs has filed Writ and Statement of Claim in Session Court Klang No B53KJ-17-12- 2016 against the Defendants / First and S

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