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2006 MarsdenLR 1244

HIGH COURT MALAYA KUALA LUMPUR
DATO GOPAL SRI RAM – Appellant
Versus
DATO C VIJAYA KUMAR & ORS – Respondent


JUDGMENT

Kang Hwee Gee J:

[1] This is an application by the plaintiff to strike out para 10 of the first defendant's defence on the ground that it is scandalous, frivolous or vexatious and that it may prejudice, embarrass or delay the fair trial of the action or is otherwise an abuse of the process of the court, pursuant to Rules of the High 1980 O 18 r 19(1) of the ('RHC').

[2] The suit itself involves a straightforward claim by the plaintiff now a judge of the court of Appeal, for the return of a law library and a request to discontinue the use of his name as the name of defendants' law firm.

[3] There is also a counterclaim by the first defendant but it is unrelated to the present application.

The Statement Of Claim

[4] The plaintiffs statement of claim discloses that he was a former partner of the legal firm which bears his name, Sri Ram & Co.

[5] Upon being elevated to the court of Appeal as an appeal court judge in 1994, the plaintiff relinquished his partnership in the firm to the first defendant and two other partners, Mr Manjit Singh and Ms Fiona Bodipalar.

[6] The plaintiff contends that he had left the use of the law library which he claimed sole ownership of, for the use of th

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