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2010 MarsdenLR 299

HIGH COURT, KUALA LUMPUR
INDRAN N JEGANATHAN – Appellant
Versus
NITHIYANI K KULAVEERASINGAM – Respondent


Table of Content
1. marital background and custody context (Para 3)
This is an application under Order 41 Rule 6 of the Rules of High 1980 ("HCR 1980") by the defendant wife by way of a summons in chambers (enclosure 4) praying to expunge and/or strike out two (2) "without prejudice" letters contained in the plaintiffs affidavit ("plaintiff's affidavit No. 1") affirmed by the plaintiff, Indran a/l N Jeganathan on 8.6.2009 and its corresponding paragraphs in the said affidavit.

The details of the defendant wife's application prayed for are as follows:

(1) that paragraph 15.2.3 and the letter dated 20.11.2008 which is contained in exhibit "INJ-4" and paragraph 15.2.6 and the letter dated 24.12.2008 which is contained in exhibit "INJ-4"; both contained in the plaintiff's affidavit no. 1, affirmed by Indran a/l N. Jeganathan on 8.6.2009 be expunged and/or struck out;

(2) that the plaintiff is ordered to file and serve a new affidavit which does not include and contain those paragraphs as stated in (1) in the above together with the letters as stated in(1) in the above within 14 days from the order of this honourable Court;

(3) that all proceedings in this action be stayed while waiting for

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