Arulanandom J:

This was an application by the plaintiff by Summons-in-Chambers dated 25 August 1975 for an order that -

the plaintiff and/or his solicitor and/or his accountant be at liberty to inspect and take copies of all entries and/or matters in the books of the First National City Bank of New York, Penang Branch of No. 1, Light Street, Penang (hereinafter called 'the Bank') relating:

(i) to any accounts/overdraft accounts of the Fourth Defendant, Weng Lye Development Sdn. Bhd. having Ooi Choon Lye and Yap Seong Weng as the two and only directors;

(ii) to any accounts/overdraft accounts of the Fourth Defendant's sister company Lye Weng Enterprises Sdn. Bhd. having the same two and only directors;

(iii)to any accounts/overdraft accounts of other sister companies of the Fourth Defendant's same two and only directors with the said accounts at the Bank.

and that the costs of and incidental to this application and the said inspection and copies be costs in the cause.

The brief history of the case is that the plaintiff commenced an action against the four defendants by writ on 18 June 1974 claiming inter alia against the fourth defendant as follows-

(1) Specific performance of the Agreement dated 9 July 1973 between the fourth defendant and the plaintiff with abatement of $50,000 of the purchase price and

(2) All necessary and proper accounts, directions and enquiries;

(3) Damages for breach of contract in lieu of or in addition to specific performance.

Alternatively

(4) Recission of the said Agreement and return to the plaintiff of the deposit of $17,500 together with interest thereon at such rate as the court may determine from 6 November 1973, to the date of payment thereof and

(5) Damages pursuant to Cl 6 of the said Agreement of $35,000.

(6) A declaration that the plaintiff is entitled to a lien on Holding No. 456, TS 20, North East District, Penang, for his deposits, interest and any damages and/or costs awarded herein.

Against all the defendants, and each of them:

(7) . Damages for fraudulent misrepresentation:

(i)

$55,140 (in the event of specific performance with abatement under 1 above); or

alternatively

(ii)

$93,740.50 (in the event of recission under 4 above).

To summarize the cause of action briefly, it was that the plaintiff had entered into agreement with the fourth defendant on the 9 July 1973 for the purchase of property comprised in HoldingNo. 283 TS 20 NED Penang on whichNo. 53, King Street, Penang stood for the sum of $175,000 and paid as deposit and in part payment the sum of $17,500 to the fourth defendant and $5,000 commission to the first and second defendants.

The fourth defendant by a letter dated 6 November 1973 claimed to have forfeited the deposit paid by the plaintiff.

Hence the suit for specific performance.

The alternative claims arise for damages because the plaintiff alleges that when the agreement of sale was executed by the plaintiff and defendant the fourth defendant did not have any title or interest to the said land and the plaintiff has suffered loss and damage through the fraudulent representation of the first, second and fourth defendants to the plaintiff that he had.

After several affidavits of documents and further and better particulars had been filed on order of court, on the 12 May 1975 the court on the application of the plaintiff granted the following order:

that the plaintiff and/or his solicitor and/or his accountant be at liberty to inspect and take copies of all entries in the books of the First National City Bank of New York, Penang Branch of No. 1, Light Street, Penang, relating to the account of the Fourth Defendant with the said Bank.

From the affidavit filed in support of the present application by the plaintiff's solicitor dated 26 August 1975, in the grounds set out for justifying the application, the plaintiff states the issues are as follows:

"2 (i)(a) whether a cheque in payment for the said property and premises was made from an