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1998 MarsdenLR 900

HIGH COURT, PULAU PINANG
PRAVINCHANDRA DOSHI T/A M/S P. DOSHI & CO. (BERNIAGA SEBAGAI P. DOSHI AND COMPANY) – Appellant
Versus
ISMAIL BIN SYE.... – Respondent


JUDGMENT

This is the Defendants' appeal (enclosure 100) to Judge-in-Chambers against the order of the learned Senior Assistant Registrar dismissing with costs their application (enclosure 99) to strike out the Plaintiff's action under Order 18 r 19(1) (d) of the Rules of the High 1980 that reads:

"The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement, of any writ in the action, or anything in any pleading or in. the indorsement, on the ground that -

(d) it is otherwise an abuse of the process of the Court."

and may order the action to be stayed or dismissed ' or judgment to be entered accordingly, as the case may be.

[Page 1]

It is also convenient, at this juncture, before moving to the issues raised in this appeal, to refer to a further statutory provision, that is, section 38(1)(a) of the Bankruptcy Act 1967 (Act) , that reads:

"Where a bankrupt has not obtained his discharge -

(a) the bankrupt shall be incompetent to maintain any action (other than an action for damages in respect of an injury to his person) without the previous sanction of the Official Assignee;"

Mr Teja Singh contended on behalf of the Defendant that the Plain

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