VASANTHA A/P K SOCKALINGAM CHETTIAR v 1. ) RAJA ALAGAPPAN ANNAMALAI 2. ) PARVATHY SREENIVASAN 3. ) ANNAMALAI ANNAMALAI 4. ) SOLACHI SOMASUNDARAM 5. ) SUBRAMANIAN ANNAMALAI

ma-22ncvc-55-08-2024 High Court (Mahkamah Tinggi) 11 March 2026 • MA-22NCvC-55-08/2024

Catchwords

Civil Procedure — Affidavit — Authority of deponent — Whether affidavit affirmed by one defendant on behalf of co-defendants without exhibited documentary authority should be rejected — Whether absence of documentary proof affects admissibility or weight of affidavit — Rules of Court 2012, O 32 r 13(2). Civil Procedure — Interlocutory application — Further affidavit — Leave to file further affidavit after exchange of affidavits — Newly discovered evidence — Relevance and materiality of evidence — Whether evidence could reasonably have been obtained earlier — Whether evidence apparently credible — Application of principles in Ladd v. Marshall Civil Procedure — Amendment of proceedings — Amendment of notice of application — Introduction of alternative nominee — Whether amendment bona fide — Whether amendment causes prejudice — Whether amendment alters character of proceedings — Rules of Court 2012, O 20 r 8(1). Probate and Administration — Estate litigation — Application for appointment of administrator pendente lite — Neutrality and independence of proposed nominee — Whether evidence relating to connection between nominee and solicitors relevant to Court’s discretion — Supervisory jurisdiction of Court over estate administration. Civil Procedure — Interlocutory discretion — Admission of fresh evidence and amendment of application arising from same procedural sequence — Whether both applications may be allowed consistently to ensure complete evidential and procedural record.

Practice Areas

Judges (1)

Parties (6)

Judgment

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Source: eJudgment (ma-22ncvc-55-08-2024)