[1] Both appeals were filed by the appellants/plaintiffs against the decision of the High Court at Alor Setar in allowing the respondents/defendants' application under O 14A and/or O 33 of the Rules of the High ('RHC') 1980, which resulted in the appellants/plaintiffs' action being struck out and judgment entered for the 1st respondent/1st defendant's counterclaim. We heard both appeals together and had dismissed the same. For ease of reference, in this judgment, the parties will be referred to as they were in the High Court and any reference to the Appeal Record will be the Record for Appeal No: K-02(IM)-2716 November 2012.