JUDGMENT

Ong (Malaya) CJ:

I have had the advantage of reading the judgments of Gill and Ali FJJ and agree that the appeals be allowed with costs.

JUDGMENT

Gill FJ:

The parties to these two appeals were parties to proceedings which began as a probate action being Probate SuitNo. 3 of 1969, in the High Court at Kuala Lumpur. In that suit as originally constituted, the plaintiff was Tong Chong Fah, the appellant in Civil AppealNo. 41 of 1970, and the defendants were Chin Ah Kwi(f) alias Chin Foong Ooi(f), the respondent in each of the two appeals, and Tong Lee Hwa and Tong Young Fah, the appellants in Civil AppealNo. 40 of 1970. By an order of Court dated 13 October 1969, made on the application by way of a summons for direction of Chin Ah Kwi(f) as the first defendant, the suit was given an alternative title with Chin Ah Kwi(f) as the plaintiff and Tong Chong Fah, Tong Lee Hwa and Tong Young Fah as the defendants. That order, however, was never extracted, and throughout the proceedings and in the order made on the final disposal of the suit, Tong Chong Fah was referred to as the plaintiff, Chin Ah Kwi(f) as the first defendant, Tong Lee Hwa as the second defendant and Tong Young F