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2018 MarsdenLR 66

COURT OF APPEAL PUTRAJAYA
RANDHIR SINGH BHAJNIK SINGH – Appellant
Versus
SUNILDAVE SINGH PARMAR – Respondent


Petitioner Advocates:PM Nagarajan Periasamy,Vinoshni Narayanasamy ,Respondent Advocate: K Thavanesan,D Ramesh

[1] The appellant/defendant appeals against the decision of the High Court which entered judgment for the respondent/plaintiff (administrator of the deceased's estate of K Surjit Kaur Gean Kartar Singh) principally on a statutory declaration of indebtedness of a debt for the sum of RM2 million.

[2] In the instant case, the learned counsel for the respondent had relied on the case of Wong Kian Wah v. Ng Kien Boon , [2018] 7 AMR 621 , the coram consisting of Hamid Sultan Abu Backer JCA, Abdul Rahman Sebli JCA and Mary Lim Thiam Suan JCA. The facts of Wong Kian Wah case is different. In Wong Kian Wah case, the admission was in the agreed facts. There was no challenge to that admission. In the instant case, the statutory declaration and its purpose had been a point of contention in the entire trial.

[3] The said statutory declaration and its terms as well as the amount will on the face of record, to any reasonable tribunal will appear that there must be a great story behind the whole transaction. The appellant in rejecting the claim had explained in his evidence in a cogent manner.

[4] The learned trial judge had acted on the basis of principles of admission (under s 17 of the Evidence

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