Aslam Zainuddin J:

JUDGMENT

(Enclosure 27)

[1]This appeal arose out of my ruling to disallow the application by the plaintiffs in enclosure 27 for summary judgment under O14 ROC 2012. 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

[2]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;”

[3]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 28CAper 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 Management Sdn Bhd

A decision must have the effect of finally disposing of the rights of the parties: Dato’ Seri Anwar Ibrahim v PP 326per Lamin PCA; Dato’ Seri Anwar bin Ibrahim & Anor v PP , CA; Kee Yeh