Abdul Alim Abdullah J:

[1] The proposed intervener Sivaloganathan a/l Kanagasabai ("Sivaloganathan") had applied to intervene and be cited as a co-defendant in this action. His application was allowed by this court vide its order dated 29 June 2009. The plaintiff appeals against that decision.

[2] This application bears reference to an action earlier filed by the plaintiff in Kuala Lumpur High Court vide Originating Summons No. S3-21-79-00 ("OS-KL") against Sivaloganathan, Arikrishna a/l Vadivelu and Amanah Raya as representatives of the estate of Ana Runa Lana a/p Palaniappa Chettiar ("Ana Runa Lana deceased").

[3] Sivaloganathan applied to set aside the OS-KL but that was disallowed, so was his Notice of Appeal. In the same, the Kuala Lumpur High Court also allowed the plaintiff to discontinue the action against Sivaloganathan and Arikrishna a/l Vadivelu, thus only leaving and naming Amanah Raya as the sole representative of the estate of Ana Runa Lana deceased. That order was made on 15 February 2001. With that in place, the plaintiff then proceeded to file this Seremban High Court Originating Summons No. 24-1151-01 ("OS-Seremban") for an order for sale be entered again