JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This is an appeal by Lee Ah Sin @ Lee Sin Kee ("Defendant") against the decision of the Learned Judicial Commissioner ("JC") of the High Court at Johor Bharu dated 23 September 2020 in a Probate Action, viz Johor Bharu High Court Suit No JA-22NCvC-149-09/2019 ("Suit 149") wherein the JC allowed the Plaintiff's application dated 13 November 2019 (encl 7) filed pursuant to O 14 r 1 of the Rules of 2012 (" ROC ") and granted summary judgment and declared that the Last Will and Testament of Mr Lee Poi Sam ("Deceased") dated 17 July 2018 ("2018 Will") is valid and that the Deceased's earlier Will which is dated 1 April 2005 ("2005 Will"), is revoked. Accordingly, the JC granted Probate based on the 2018 Will. The JC also cancelled Probate Caveat No WA -Kaveat-1824-07/2019 ("Caveat 1824") which the Defendant had lodged in the Central Registry in the Kuala Lumpur High Court based on his interest in the Estate of the Deceased under the 2005 Will.

[2] We are compelled to state that we find it rather unusual that the Plaintiffs, being propounders of the 2018 Will, had moved the High Court under O 14 r 1 of the ROC and sought summary judgment in res