[1] There are two related appeals by the appellant (the plaintiff in the court below) against the decision of the learned High court Judge which allowed the striking out applications by the respondents (the 2nd and 3rd defendants in the court below), namely:

(i) Appeal B-02(IM) (NCVC)-143-01-2018 (Appeal 143); and

(ii) Appeal B-02(IM) (NCVC)-396-02-2018 (Appeal 396).

[2] Appeal 143 is in respect of the decision of the learned High court Judge on the 3rd defendant's striking out application, whilst Appeal 396 is in respect of the decision of the learned High court Judge on the 2nd defendant's striking out application. Both appeals originated from a single suit in the High court, namely BA-22NCVC-454-2017, wherein the 2nd and the 3rd defendants filed separate applications to strike out the plaintiff's Writ and Statement of Claim.

[3] Having perused the Appeal Records and having considered the submissions of both parties, unanimously, we allowed Appeal 396 with costs of RM10,000.00 here and below to be paid to the appellant subject to allocatur and dismissed Appeal 143 with costs of RM1