JUDGMENT

Balia Yusof Wahi J:

Facts

[1] By way of summons in chambers in encl. 71, the plaintiff filed an application seeking to disqualify Dato' RK Nathan as the leading counsel for the defendants in the two consolidated suites herein. The two civil suits are civil suits no. 22-314-94 and 22-426-2000. The application in encl. 71 is as follows:

1) That Dato' RK Nathan be disqualified or prohibited from appearing as leading counsel for the defendant in all further proceedings in the above suits under the inherent jurisdiction of the court.

2) Costs of the application.

3) Further or other relief.

[2] The objection of the plaintiff against Dato' RK Nathan in acting as the leading counsel for these civil suits is premised primarily on the ground that Dato' RK Nathan who was a judge in the High court of Penang had handled the matters and has presided over them on a number of occasions. Between 8 August 2001 and 25 August 2004 it has been alleged that Dato' RK Nathan has presided over the matter for no less than 13 times. On 24 April 2002 and 29 May 2003 consent orders were made before Dato' RK Nathan between the parties in the suits. The said consent orders were in respect of two other summons