JUDGMENT

Ramly Ali JC:

Introduction

This is an appeal by the plaintiff/appellant to the judge-in-chambers (encl. 16) against the decision of the learned SAR given on 24 November 2000 whereby the learned SAR had allowed the defendant/respondent's application (in encl.6) to strike out the plaintiff's concurrent writ and statement of claim, pursuant to O. 18 r. 19(1)(d) of the Rules of the High (RHC) 1980 and under the inherent jurisdiction of the Court.

In the defendant's application to strike out the plaintiff's concurrent writ and statement of claim, the defendant has raised three (3) grounds as follows:

i. the plaintiff's concurrents writ was not dated, thus in breach of O. 6 r. 5(4) RHC ,

ii. the statement of claim served on the defendant was not signed nor dated by the plaintiff's solicitor, thus in breach of O. 18 r. 5 RHC ; and

iii. the plaintiff's action before this Court is a duplicity of proceedings and therefore is an abuse of process of Court because the issues in this case have been raised in another case ie, Kuala Lumpur High Court Civil Suit No: D3-22-4404-98 filed earlier in another Court and still pending (hereinafter referred to as the "D3's suit").

Plaintiff's Claim

The pl