Ibrahim Manan FJ

(delivering the judgment of the Court): In the action the plaintiff has asked for a declaration that the transfers to and registration of the land held under Certificate of Title No. 13817 Lot No. 6025 situate in the Mukim of Senai-Kulai, with a bungalow dwelling house erected thereon (the said property) in the name of the second defendant and subsequently in the name of the third defendant as beneficial owners thereof are unlawful, null and void, and for other consequential orders. On October 2, 1979 the defendants applied by way of Summons-in-Chambers No. 608 of 1979 for an Order that the action be dismissed on the grounds of res judicata, the issues therein having been determined and adjudicated upon in an action between the same parties in Johore Bahru High Court Civil Suit No. 261 of 1977 and the same is frivolous and vexatious and an abuse of the process of the court and that the plaintiff pay to the defendants their costs in the action and the application and that in the meantime all further proceedings in the action be stayed. On October 10, 1979 Anuar J. granted the application. The plaintiff (appellant) is appealing against the learned judge's decision.