HIGH COURT MALAYA KUALA LUMPUR
NADARAJAH LINGAM SINNADURAI & ORS – Appellant
Versus
DATO SRI DR SURESH RAJ LACHMANAN & ORS – Respondent
JUDGMENT
(Enclosure 111)
Introduction
[1] This is the Plaintiffs' application pursuant to O 34 r 2(4) and O 92 r 4 of the Rules of 2012 (ROC 2012) to reinstate their action that was struck out for non-compliance of an Unless Order (encl 111).
[2] This Court dismissed encl 111. The reasons are as deliberated.
Brief Facts
[3] The Plaintiffs commenced this action against the Defendants for tort of negligence arising from the demise of Madam Shanti A/P Ponnudurai (Deceased)in their personal capacity & claimed for psychiatric injuries due to the demise of the Deceased.
[4] The Deceased was the wife of the First Plaintiff and the mother of the Second, Third and Fourth Plaintiffs.
[5] The Deceased was under the treatment and care of the Defendants from 12 August 2016 to 28 August 2016.
[6] The case was called for several case managements, where this Court had instructed for parties to comply with pre-trial case management (PTCM) directions.
[7] On 27 March 2024,an unless order for compliance of the PTCM documents was given by this Court , that all PTCM documents to be filed on or before 19 April 2024. In the event the said PTCM documents were not filed, the claim and/or
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