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2025 MarsdenLR 539112

HIGH COURT (SHAH ALAM)
CHOONG YEOW CHOY, JC


Advocates:
Karnan a/l Rajanthiran (M Sujata & Assoc) for the appellants.
Ravindara Kumar a/l Ramasamy (with Siti Aishah bt Zulkifle) (Ganesh & Co) for the respondent.

Choong Yeow Choy JC:

JUDGMENT

Introduction

[1]This is an appeal by the Appellants (Plaintiffs in the court below) against the decision of the learned Magistrate in dismissing the Appellant’s application for summary judgment pursuant to Order 14A of the Rules of Court 2012 Issues for Determination

[2]This appeal raises two important issues for consideration by this Court.

[3]The first of the two issues is of considerable significance. It concerns the question of whether the dismissal of an application made pursuant to Order 14A of the Rules of Court 2012

[4]If the answer to the above question is in the negative, this appeal is rendered a non-starter. However, if the answer is in the affirmative, this Court is required to proceed to resolve the second issue of whether the learned Magistrate was correct in dismissing the Appellants’ application under Order 14A of the Rules of Court 2012 Is the Dismissal of an Application Pursuant to Order 14A of the Rules of Court 2012 Appealable?

[5]At the onset of the hearing of this appeal, the Respondent (Defendant in the court below) raised a preliminary objection/preliminary point of law.

[6]The crux of the Respondent’s contention is that this is an app

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