1. ) PARABHJOT SINGH A/L KALWAN SINGH 2. ) INDERJIT SINGH A/L KALWAN SINGH HARI KRISHNAN A/L PERUMAL

1. ) PARABHJOT SINGH A/L KALWAN SINGH 2. ) INDERJIT SINGH A/L KALWAN SINGH HARI KRISHNAN A/L PERUMAL

The appeal is not maintainable under section 28(1)(b) because the dismissal of the Order 14A application did not result in dismissal of the main action or entry of judgment; accordingly the statutory bar on appeals from dismissals of summary judgment applications applies and the appeal is dismissed; alternatively on...

Source-derived case information.

Citation
BA-11ANCvC-41-12/2023 (Mahkamah Tinggi)
Parties
Appellant: Parabhjot Singh a/l Kalwan Singh; Appellant: Inderjit Singh a/l Kalwan Singh; Respondent: Hari Krishnan a/l Perumal
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 April 2024
Case Number
BA-11ANCvC-41-12/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrate to High Court / Judgment on Appeal (decision)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Order 14 a of the Rules of Court 2012, Appealability, Courts of Judicature Act 1964
Civil Procedure Appeals Summary Judgment Order 14 a of the Rules of Court 2012 Appealability Courts of Judicature Act 1964

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Parties

Parabhjot Singh a/l Kalwan Singh

Appellant

Inderjit Singh a/l Kalwan Singh

Appellant

Hari Krishnan a/l Perumal

Respondent

Procedural Posture

Civil Appeal From Magistrate to High Court / Judgment on Appeal (decision)

Legal Issues

  1. 1 Whether dismissal of an Order 14A application is appealable under section 28(1)(b) Courts of Judicature Act 1964
  2. 2 Whether the learned Magistrate was correct to dismiss the Appellants' Order 14A application on the merits

Ratio Decidendi

The appeal is not maintainable under section 28(1)(b) because the dismissal of the Order 14A application did not result in dismissal of the main action or entry of judgment; accordingly the statutory bar on appeals from dismissals of summary judgment applications applies and the appeal is dismissed; alternatively on merits the Magistrate was correct as issues required trial.

Court Disposition

Appeal dismissed

Orders

  • This appeal is dismissed with costs
  • The Appellants to pay costs of RM10,000 to the Defendant, subject to allocator