19 Jun 2024
Tanabal Naidu THOO CHEE WAH
- Citation
- PA-12A-1-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12A-1-01/2021 (Mahkamah Tinggi)
The High Court allowed the appeal, holding that the questions posed under Order 14A and Order 33 involved disputed facts (causation, nature of works and quantum) and required trial evidence (including possibly the contractor and experts); therefore the Sessions Court erred in using summary procedures to strike out the claim and effectively grant the counterclaim. The Sessions Court's order dated 29.12.2020 was set aside and the matter was remitted for case management and progression to trial.