Gopal Sri Ram JCA:

[1] There are two appeals before us. They are Civil Appeal No B-02-623-05 ("the first appeal") and B-02-625-05 ("the second appeal"). They vividly illustrate the operation of the doctrine of estoppel in the sphere of procedural law. The relevant facts are as follows. The litigants before us were parties to a joint venture agreement. Disputes having arisen under that agreement, these were referred to arbitration. An award in the plaintiff's favour was handed down on 29 January 1988. Later, on 17 July 1990 the plaintiff (first respondent in the first appeal) filed a summons to enforce the award under the provisions of the Arbitration Act 1952. It was filed in the Appellate and Special Powers Division of the Kuala Lumpur High Court. On 28 February 1992, the appellant in the first appeal and the first respondent in the second appeal commenced an action in the Shah Alam High Court to specifically enforce the joint venture agreement. Then, on 24 September 1993, the appellant in the first appeal and the first respondent in the second appeal took out a summons in chambers in the enforcement proceedings in Kuala Lumpur. By that summons she applied to intervene in