MAGISTRATE COURT SLIM RIVER
NAVANEETH PERPAKARAN – Appellant
Versus
RETHA NADARAJAH (ENCL 11) – Respondent
JUDGMENT
(Enclosure 11)
A. Introduction
[1] This is an appeal by the Plaintiff in relation to the Court 's decision in dismissing the Plaintiff's application for discovery of documents under O 24 rr 3, 7, 12 and 16 Rules of 2012 dated 13 November 2024 (Enclosure 11).
[2] With regards to the appeal, this Court will give its analysis and findings based on all evidence and exhibits tendered before this Court .
B. Brief Facts Of The Case
[3] The cause of action by the Plaintiff against the Defendant in this case is for the debt owed by the Defendant towards the Plaintiff during the course of their previous relationship.
[4] As stated in the Statement of Claim, the Plaintiff claims that he had lend the Defendant a total sum of RM16,809.54 between 15 October 2020 until 5 July 2022. However in the Defence, the Defendant rebuts the claim by stating that she had never borrowed any money from the Plaintiff and that the monies were given as "hadiah" and "bantuan" during the course of their relationship whereby now they are no longer in it.
[5] On 4 October 2024, upon concluding that the Defence filed by the Defendant was in time per O 18 r 2 Rules of 2012, the C
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