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1995 MarsdenLR 1354

COURT OF APPEAL KUALA LUMPUR
OOI BEE TAT – Appellant
Versus
TAN AH CHIM & SONS SDN BHD & ANOR & ANOTHER APPEAL – Respondent


Petitioner Advocates:Cecil Abraham,JA Yeoh ,Respondent Advocate: CV Das

JUDGMENT

Zakaria M Yatim JCA:

[1] There were three notices of motion which the Court had to decide before hearing the appeals in Civil Appeal No 02-488 of 1992 and Civil Appeal No: 02-489-1992.

[2] In the first notice of motion the appellant, in 488 of 1992 sought the leave of the Court to file a supplementary record of appeal to include several documents which were not included in the original record of appeal. The respondents did not object to the application and the Court accordingly made an order in terms of the application.

[3] In the second notice of motion, the appellant in 489 of 1992 applied for an extension of time to file the record of appeal after the expiry of the six weeks pursuant to O 62(7) of the Rules of the Supreme Court, 1980. In the third notice of motion, the respondents in 489 of 1992 applied for an order that the notice of appeal filed by the first appellant on 24 October 1992 be struck out with costs. The second and third notices of motion were interrelated and we decided to hear them together.

[4] The affidavit in support of the appellant's application for extension of time was affirmed by Dr Jagjit Singh Sidhu on behalf of the appellant. In the affidavit the d

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