GROUNDS FOR MY WIFE'S APPEAL

The terms of my grounds of appeal are as follows :

(1)Judge Zainon binti Mohd. Ali’s judgment delivered in open court were in these words, “Petition is dismissed because Petitioner did not plead FORGERY”; and Petitioner’s application for leave to cross examine respondents for PERJURY is dismissed because she withdrew her first application for leave to cross examine said 3 respondents, Wong Kem Chen, Kwong Sea Yoon and Stephen Lim Cheng Ban; and the first affidavit of Respondents are the same as the second supporting affidavit of the Respondent Stephen Lim Cheng Ban. This is not true because the second supporting affidavit affirmed by Stephen Lim Cheng Ban, and dated the 17 of September, 2004, had annexed FORGED DOCUMENTS and the forgery of the documents drew the attention of.Judge Zainon binti Mohd Ali since she made the alleged non pleading of forgery the GROUNDS for dismissal of Petitioner’s application for showing no cause of action. Stephen Lim’s Application to strike out Petition was made in his own capacity as 3rd respondent, and not merely as witness for the Company; in these circumstances he does not have any legal standing to make that application to strike out.

(2)Stephen Lim Cheng Ban’s annexing of the forged documents to his supporting affidavit dated the 17 of September, 2004 made his application to strike out said Petition null & void for the following grounds :

(a)Stephen Lim Cheng Ban’s application to strike out said Petition was both in fact and in law A 3RD PARTY APPLICATION, and that being the case Stephen Lim’s application TURNED him into “the Plaintiff” in his 3rd party claim; and TURNED Petitioner into “the defendant” to Stephen Lim’s 3dr Party application. AN APPLICATION TO STRIKE OUT AN ACTION FOR SHOWING NO CAUSE IS ONLY AVAILABLE TO THE DEFENDANT AND IS NO AVAILABLE TO THE PLAINTIFF; because only a Plaintiff can initiate a cause of action or a legal claim.
That being the law, Judge Zainon binti Mohd. Ali judgment has NO LEGAL BASIS OR LEGAL FOUNDATION. Judge Zainon binti Mohd. Ali’s judgment is an insult to the COMPETENCE OF MALAYSIAN JUDGES. In the circumstances her judgment is both BAD & WRONG because both the law and the PROCEDURAL RULES OF THE HIGH COURT does not give a PLAINTIFF the right to apply for striking out.

(b)TO ADD INSULTS TO JUDGE ZAINON BINTI MOHD. ALI’s INCOMPETENCE and a simplistic attempt to PROTECT THE CRIMINAL CONDUCT OF STEPHEN LIM, Wong Kem Chen and Kwong Sea Yoon, the annexed documents, being FORGERIES, were at all times, ILLEGAL DOCUMENTS, and it was the duty of the presiding judge to IMPOUND the documents. The judgment of the learned judge, having been constructed upon the foundation of illegal forged documents, and the judge having reasonable grounds to believe and to observe the obvious discrepancies in all 5 forgeries compared against the true signatures of Petitioner in her many supporting affidavits, made her judgment to strike out said Petition AN ILLEGAL JUDGMENT. This submission proceeds on the assumption that paragraph (a) above GIVES STEPHEN LIM THE RIGHT TO APPLY FOR STRIKING OUT SAID PETITION, which in law he has no right to apply because he is (by his application to strike out) in fact become the Plaintiff in his 3rd Party application against petitioner; and PETITIONER has (by Stephen Lim’s Application ) turn to become defendant to Stephen Lim’s 3rd PARTY APPLICATION.

Stephen Lim Cheng Ban was served as a formal respondent only and there was no claim against him of whatever kind as formal respondent. Stephen Lim Cheng Ban is represented by a separate and different counsel from that of the COMPANY.

Stephen Lim Cheng Ban FILED AND INITIATED his application for striking out said Petition IN HIS OWN RIGHT and he supported his application by his own affidavit affirmed by himself. This makes his application his own claim against Petitioner and reinforces Petitioner’s claim that Stephen Lim Cheng Ban’s claim is one between STEPHEN LIM CHENG BAN as Plaintiff v. Lim Choi Yin as defendant. That said, the application by Stephen Lim Cheng Ban to strike out said Petition and in the open & obvious INCOMPETENCE AND PROFESSIONAL IGNORANCE OF JUDGE ZAINON BINTI MOHD ALI, cannot be available to Stephen Lim Cheng Ban as Plaintiff, because an application to strike out is only available to a DEFENDANT.

As you can see it is plain that Stephen Lim Cheng Ban’s application to strike out said petition has no basis in law, and is TOTALLY MISCONCEIVED. Judge Zainon binti Mohd. Ali shows that she is absolutely & totally unable to define legal issues, and she was unable to see that she had acted totally outside of the law and she has no judicial powers of any kind whatsoever to allow Stephen Lim Cheng Ban’s application to strike out said Petition.

Judge Zainon binti Mohd Ali’s judgment is a nullity and a big fat ZERO !