24 Sept 2020
Muthu Karippen a/l Rajoo (NRIC No. 560226-07-5001) Selliah a/l Muthiayal (NRIC No. 361119-02-5357
- Citation
- PA-22NCvC-68-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-68-04/2018 (Mahkamah Tinggi)
The application to strike out was dismissed because the claim was not obviously unsustainable: the plaintiff seeks a declaration of right which does not require proof of cause of action, pleaded facts raise triable issues including alleged fraud in procuring the ex parte order, and limitation cannot be relied upon at strike out because it was not pleaded as a defence.