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2005 MarsdenLR 2569 ; 2005 MarsdenLR 1

AZHAR MA AH
THOMAS ALVIN CROSS – Appellant
Versus
THOMSON THOMAS – Respondent


Advocates:
For the appellant/plaintiff - Manian Raju; M/s Gunaretnam & Co
For the 1st & 2nd respondents/defendants - En Subatra; M/s VP Nathan & Partners
For the 3rd respondent/intervener - N Sivananthan; M/s Sivananthan

JUDGMENT

Azhar Ma'ah J:

This is the plaintiff's appeal against the decision of the Sessions Court Judge in allowing the application of Kurnia Insurans (Malaysia) Berhad that the latter be allowed to intervene and be made a co-defendant in a proceedings filed by the plaintiff against the two defendants at the court below.

The plaintiff's claim against the two defendants at the court below arose out of a motor accident alleged to have taken place between the plaintiff's motor van and a motor van driven by the 1st defendant and owned by the 2nd defendant. The defendants through their solicitors appointed by their insurance company ie, Kurnia Insurans (Malaysia) Berhad filed their defence. Subsequently, the insurance company discharged the said solicitors resulting in the defendants being left in the lurch. Subsequently to that, the insurance company through their second solicitors filed an application for leave to intervene and be made a party in the said proceedings. The Sessions Court Judge after hearing the said application allowed both prayers. Hence this appeal by the plaintiff.

Mr. Manian Raju in ventilating the plaintiff's disagreement with the decision of the Sessions Court J

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