Pajan Singh Gill JCA:

The appellant appeals against the decision of the learned judge of the High Court at Miri, who had dismissed the appellant's appeal against the ruling of the learned deputy registrar of the High Court, on an issue in regard to the admissibility of certain documents in the course of a hearing, for assessment of damages. The documents ruled inadmissible, were a re-amended statement of claim, notes of proceedings, and judgment, in respect of Miri High Court Sivil Suit No. MR 26 of 1990. The learned deputy registrar had disallowed the admissibility of the abovementioned documents, after having heard submissions by counsel for both parties, following an objection by the counsel for the plaintiff.

On appeal before the learned judge, and before us, both counsel for the appellant/defendant, and respondent/plaintiff, argued on a preliminary issue, as to whether the appeal from the ruling by the deputy registrar in regard to the admissibility of the documents was competent, and properly brought before the learned judge, in view of the definition of the word "decision", under sub-s. 3 of the Courts of Judicature Act 1964 (hereinafter referred to as the Act). Thi