K. Paramesvaran A/L N Kannan v Kutty Krishnan A/L Balan (JA-22NCvC-132-10/2024)

High Court of Malaysia12 Jun 2026

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1 IN THE HIGH COURT OF MALAYA AT JOHOR BAHRU IN THE STATE OF JOHOR DARUL TAKZIM, MALAYSIA CIVIL SUIT NO. : JA-22NCvC-132-10/2024

Between

K. PARAMESVARAN A/L N KANNAN

(no. K/P: 631024-01-5815)

KANAGAMBAL A/P VEERAPAN @ PARAMESU (NO. K/P: 650422-01-5902 .…PLAINTIFFS

And

KUTTY KRISHNAN A/L BALAN

(no. K/P: 550118-01-5301)

THINARACHAGI A/P KUTTY KRISHNAN (NO. K/P: 950928-01-5146) .…DEFENDANTS 30/06/2026 11:48:50 JA-22NCvC-132-10/2024 Kand. 74 S/N lLj8eFx1lkUGwgAZsqVgA GROUNDS OF JUDGMENT [Encl 51–Striking out Application pursuant to Order 18 rule 19(1)(a),(b) and (d) of the Rules of Court 2012]

Introduction

This is the Defendant's application vide Enclosure 51 to strike out and/or dismiss the Plaintiffs' Writ of Summons and Statement of Claim pursuant to Order 18 rule 19(1)(a), (b) and

of the Rules of Court 2012. The application was supported by, inter alia, section 6(1)(a) and section 29 of the Limitation Act 1953 and the authorities relied upon by the Defendant.

The Defendant contended that the Plaintiffs' claim was statute-barred, disclosed no reasonable cause of action and constituted a frivolous, vexatious and abusive proceeding.

The Plaintiffs opposed the application and contended that the claim was founded upon fraud and that the limitation period had not begun to run until the fraud was discovered.

Having considered the affidavits, submissions and authorities relied upon by the parties, this Court allowed Enclosure 51 with costs of RM10,000.00 to be paid by the Plaintiffs to the Defendant. These are the grounds of that decision. S/N lLj8eFx1lkUGwgAZsqVgA

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 12 Jun 2026
Case number: JA-22NCvC-132-10/2024
Coram: YA Puan Manira Binti Mohd Nor
Practice area: Civil Procedure – Striking out – Writ of Summons and Statement of Claim – Application under Order 18 rule 19(1)(a), (b) and (d) Rules of Court 2012 – Whether claim disclosed a reasonable cause of action – Whether action was frivolous, vexatious or an abuse of the process of the Court – Application allowed. Limitation – Limitation Act 1953 – Section 6(1)(a) – Action founded on fraud and misrepresentation – Transactions occurring in 2013 – Plaintiff admitting discovery of alleged fraud and lodging police report on 1 July 2017 – Writ filed on 1 October 2024 – Whether claim statute-barred – Held, yes. Limitation – Limitation Act 1953 – Section 29 – Fraud exception – Whether Plaintiffs pleaded sufficient material facts to postpone commencement of limitation period – Whether subsequent discovery of additional evidence revived limitation period – Held, no – Plaintiffs having admitted discovery of alleged fraud by July 2017. Civil Procedure – Striking out – Limitation apparent from pleadings – Whether limitation issue could be determined at interlocutory stage – Whether full trial necessary – Held, no – Material facts apparent from Statement of Claim. Civil Procedure – Abuse of process – Claim commenced outside limitation period – Plaintiffs unable to invoke statutory exception under section 29 Limitation Act 1953 – Whether continuation of proceedings would serve any legitimate juridical purpose – Held, no – Action struck out
Version: Alasan Penghakiman 1
Published: 30 Jun 2026
Source ID: 78fcb894-755c-4f96-941b-080066ca9580

Catchwords

Civil Procedure – Striking out – Writ of Summons and Statement of Claim – Application under Order 18 rule 19(1)(a), (b) and (d) Rules of Court 2012 – Whether claim disclosed a reasonable cause of action – Whether action was frivolous, vexatious or an abuse of the process of the Court – Application allowed. Limitation – Limitation Act 1953 – Section 6(1)(a) – Action founded on fraud and misrepresentation – Transactions occurring in 2013 – Plaintiff admitting discovery of alleged fraud and lodging police report on 1 July 2017 – Writ filed on 1 October 2024 – Whether claim statute-barred – Held, yes. Limitation – Limitation Act 1953 – Section 29 – Fraud exception – Whether Plaintiffs pleaded sufficient material facts to postpone commencement of limitation period – Whether subsequent discovery of additional evidence revived limitation period – Held, no – Plaintiffs having admitted discovery of alleged fraud by July 2017. Civil Procedure – Striking out – Limitation apparent from pleadings – Whether limitation issue could be determined at interlocutory stage – Whether full trial necessary – Held, no – Material facts apparent from Statement of Claim. Civil Procedure – Abuse of process – Claim commenced outside limitation period – Plaintiffs unable to invoke statutory exception under section 29 Limitation Act 1953 – Whether continuation of proceedings would serve any legitimate juridical purpose – Held, no – Action struck out

Parties

1. ) K. PARAMESVARAN A/L N KANNAN - plaintiff - ejudgment_parties
2. ) KANAGAMBAL A/P VEERAPAN @ PARAMESU - plaintiff - ejudgment_parties
1. ) KUTTY KRISHNAN A/L BALAN - defendant - ejudgment_parties
2. ) THINARACHAGI A/P KUTTY KRISHNAN - defendant - ejudgment_parties

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Catchwords

K. Paramesvaran A/L N Kannan v Kutty Krishnan A/L Balan (JA-22NCvC-132-10/2024)

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Between

(no. K/P: 631024-01-5815)

And

(no. K/P: 550118-01-5301)

Introduction

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K. Paramesvaran A/L N Kannan v Kutty Krishnan A/L Balan (JA-22NCvC-132-10/2024)

How this case connects

Cited by

Authorities cited

Between

(no. K/P: 631024-01-5815)

And

(no. K/P: 550118-01-5301)

Introduction

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