Aslam Zainuddin J:

JUDGMENT

(Enclosure 59)

[1]This is an appeal from my ruling to allow enclosure 59 which was an application to stay the order made on 20^th April 2021 by my learned predecessor granting summary judgment to the plaintiff for the sum of RM975,109.40 and costs of RM15,000.00. The said judgment is pending appeal in the Court of Appeal which has yet to hear the matter.

[2]In my considered view taken under advisement, the ruling I made is not a decision which finally disposes the rights of the parties herein and ergo not appealable. My reasons are as follows.

The Law

[3]In the Courts of Judicature Act 1964 (Act 91) it is stated:

“Section 3 -

“decision” means judgment, sentence or order, but does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties;”

[4]The Malaysian Civil Procedure (White Book) 2018 edition states:

“ “decision”—The definition must be given its ordinary and natural meaning: Dato’ Seri Anwar bin Ibrahim v PP per Abdul Malik Ishak JCA. The definition was applied in an action under s 226(3)Companies Act 1965(Mechanalysis Sdn Bhd (In Liquidation) v Appraisal Property Manageme