Gopal Sri Ram JCA (delivering judgment of the court)::

[1] This is the judgment of the court.

[2] This is an application by Madam Thien Kon Thai (‘Mdm Thien’) who seeks leave to intervene by notice of motion dated 10 October 2007 in the appeal before us namely, Civil Appeal No S-02-447 of 2007.

[3] The brief facts which form the background to this application may be stated as follows. An action was brought in the court below by the instant respondent to recover certain lands from the appellant. At the outset of the trial, counsel for the respondent (the plaintiff in the court below) very properly applied to have Mdm Thien joined as a defendant. However, after taking into account the learned trial judge’s observations, counsel did not pursue his application. The trial then proceeded. The plaintiff closed his case. The defendant then opened his case and called a number of witnesses. Mdm Thien was one of them. She was called as his eighth witness. In the course of her cross-examination Mr Baldev Singh quite correctly put to her that she was a party to the fraud that had been allegedly perpetrated by the defendant. Mdm Thien of course denied this. The matter rested there. At