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1994 MarsdenLR 807

HIGH COURT MALAYA, PULAU PINANG
MOHAMED MUSTAFA A. NALLA IBRAHIM & ANOR. – Appellant
Versus
SYED MOHAMED MADAR RAWTHER – Respondent


JUDGMENT

Jeffrey Tan JC:

On the plaintiff's ex-parte application heard on 12 November 1994 the Court:

(a) granted to the plaintiffs, an injunction restraining the defendant and/or the defendant's servants or agents from stopping or hindering in any manner whatsoever the entry of the plaintiffs and/or those permitted by the plaintiffs, into premises known as 38-C, Queen Street, Pulau Pinang until the disposal of the action, and,

(c) directed the service (i) of all documents relating to (a) above, and (ii) notice of the hearing fixed for 19 November 1994, on the defendant.

The defendant was duly served with the documents relating to the injunction obtained exparte and notified of the inter partes hearing, but despite the opportunity to contest, failed to attend the inter partes hearing on 19 November 1994.

This grounds of judgment is written, not so much as to expatiate the law relating to injunctions, but to explain the Court's reception of applications ex-parte and inter partes with the advent of O. 29 r. 1 (2B) of the Rules of the High 1980 which reads:

Unless sooner revoked or set aside, an interim injunction obtained on an ex-parte application shall automatically lapse at the

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