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HIGH COURT MALAYA PENANG
C JAYAKUMAR S CHINNIAH – Appellant
Versus
DEV KUMAR SANTHIRAN (ENCLS 13 16 32 52 & 54) – Respondent
| Table of Content |
|---|
| 1. determination of locus standi (Para 1) |
| 2. p's claims and reliefs in the suit (Para 8 , 9) |
| 3. p filed suit without letters of administration (Para 14) |
| 4. court's rejection of p's standing (Para 15 , 16 , 18) |
| 5. legal requirement for personal representatives (Para 20 , 21) |
| 6. al rashidy case and special circumstances (Para 29 , 30 , 32) |
| 7. threshold for locus standi (Para 40 , 41) |
Introduction
[1] The Defendant ("D") filed a notice of application dated 25 October 2024 vide Encl 52 to determine the locus standi of the Plaintiff ("P"). Enclosure 52 is made under O 33 r 2, 3 and 5 of the Rules of Court 2012.
[2] On 6 December 2024, I allowed Encl 52. I made a determination that P does not have the locus standi to commence this suit. I therefore struck out P's action against D. Here are the grounds of my decision.
Background Facts
[3] The late Sivagamyammal ("grandmother") passed away intestate on 3 May 1967. She left behind numerous immovable properties ("properties").
[4] She also left behind ten children. Among them were: (i) D's late father, who was the previous administrator, who died on 3 June 1995; and (ii) P's late father, who died on 1 August 1998
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