Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 41 roc
  • 26 Sept 2024

    James Samuel A/L Sundaraj Shanta Kumari A/P Ramdass

    Citation
    WA-A72NCvC-2676-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-2676-06/2024 (Mahkamah Majistret)

    The court allowed the corrective affidavit because it did not introduce new facts or create a triable issue, the defendant was given opportunity to reply thereby preventing prejudice, and the court properly exercised its discretion under procedural rules and inherent jurisdiction to permit the amendment to achieve substantive justice; consequently the Notice of Application in Enclosure 18 to set aside the corrective affidavit was dismissed.