JUDGMENT

Noor Ruwena Md Nurdin JC:

Introduction

[1] The Plaintiff and the Defendants in this case have been involved in a number of civil suits and actions against each other since more than years ago but the dispute had been going on since the year 2004. Earlier, there was a civil suit No: 22-20-2011 (which will be referred to as "Suit No 1") which was commenced by the Defendants against the Plaintiff and another person by the name of Nellie Sammuel Peter Simon ("Nellie") that led to the decision and order dated 27 April 2016 by the then Judicial Commissioner Mohamed Zaini Mazlan (as His Lordship then was). Suit No 1's Order dated 27 April 2016 became the subject matter of later actions and will be referred to as "the Order".

[2] In this Civil Suit No: AB-23NCVC-2-06/2020 (which will be referred to as "Suit No 2"), the Plaintiff's Writ of Summons and Statement of Claim were struck off by the then Judicial Commissioner of the Taiping High Court , Tuan Muniandy Kannyappan (as His Lordship then was) on 24 May 2021 upon the Defendants' application in Encl 5 dated 18 August 2020. Upon the Plaintiff's appeal, the Court of Appeal on 25 April 2022 allowed it and the case was remitted to th