Mahadev Shankar JCA:

Before the appeal proper was heard, respondents' counsel sought to put in new evidence. The application so dismally failed to meet the test in Ladd v. Marshall that we dismissed it with costs. (See Lam Soon Cannery Co. V. Hooper & Co. [1965] We do not think the factual basis of that application merits any judicial analysis.

The appeal proper is against an order directing the removal of a caveat filed by the appellant. This dispute between the parties is but another chapter in the litigation between members of the Nadchatiram family which has infested our courts.

The caveat was lodged by the appellant on 26 January 1994 against four titles for the land comprised therein in the town of Seremban (the said titles) 2nd Volume Appeal Record p. 275. The ground stated was that the registered owner of the said land was a constructive trustee of the said lands for Nadchatiram Realities (1960) Sdn. Bhd. (in liquidation) of which the appellant is a contributory and further that the appellant had been given the leave of the court to commence an action against the registered owners for a transfer of the said land by the registered owners of the company.

In 1992 t