1. ) TAN TI HOR 2. ) TAN LEE SWAN PIHAK TERKILAN 1. ) TAN IT SONG @ TAN KANG SONG 2. ) TAN LEE CHIN @ TAN KANG CHIN

pa-32ncvc-31-01-2022 High Court (Mahkamah Tinggi) 9 June 2025 • PA-32NCvC-31-01/2022

Catchwords

I begin with the issue of compliance with Order 72 rule 7 of the Rules of Court 2012 (“ROC 2012”). The rule requires a citation to be issued with a praecipe and supported by an affidavit setting out the material facts. I am guided by the Federal Court in Yap Teck Ngian v. Yap Hong Lang @ Yap Fong Mei & Ors, Federal Court [2007] 5 MLJ 756 had elaborated thoroughly on O.72 ROC: - Thus, it is clear from the above provisions that before any person can file a writ for the revocation of the grant of a letter of administration, a citation against the person to whom the letter was granted must be issued to him requiring him to bring into and leave at the court registry the letter of administration (O 72 r 7). The citation must be settled by the court before it is issued (O 72 r 8(1)). Before a citation is issued pursuant to O 72 r 7 an affidavit verifying the statements of fact to be made in the citation must be sworn by the person applying for the citation to be issued (O 72 r 8(2)) and that the citation must be served personally on the citee which the citors did in the present case. In the Administration of Estates Handbook, Kanesh Sundrum states at p 187 para 192. Every probate action must be begun by writ issued out of the Registry of the High Court. The writ must be endorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the estate of the deceased. A writ beginning an action for the revocation of probate or administration can only be issued after a citation to bring in grant has been issued or the probate or letters of administration has been lodged in the said registry.

Judges (1)

Rozana binti Ali Yusoff Delivered

Parties (4)

Tan It Song @ Tan Kang Song Aggrieved Party Tan Lee Chin @ Tan Kang Chin Aggrieved Party Tan Lee Swan Applicant Tan Ti Hor Applicant

Judgment

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Source: eJudgment (pa-32ncvc-31-01-2022)