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2019 MarsdenLR 455
COURT OF APPEAL PUTRAJAYA
ABAD ARENA JUARA SDN BHD – Appellant
Versus
RAJESH JAIKISHAN – Respondent
[Civil Appeal No: N-04(NCVC)(W)-659-12/2018]
Petitioner Advocates:Dato' RS Sodhi ,Respondent Advocate: Ramasamy Amaippan
Non-compliance with court rules regarding originating summons renders claims faulty, requiring strict adherence to procedural law.
Headnote:The judgment reviews an appeal concerning the retention of land following a public auction. The appellant contended that there existed a valid tenancy agreement granting them rights over the property. The court identified breaches of the originating summons procedures, leading to their decision that the appeal should be allowed, set aside previous judgments, and impose no cost liabilities. The key issue was whether the double rental claim was justified under pertinent laws and facts as expressed within the court’s deliberations.
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| 1. the appellant seeks to set aside prior court orders. (Para 1) |
[1] The appellant/defendant appeals against the decision of learned High Court Judge who refused to set aside the order for vacant possession and double rental against the plaintiff ordered by the Sessions Court pursuant to the Originating Summons (OS).
