Zakaria M. Yatim J:

This is an appeal by the plaintiff against the decision of the Senior Assistant Registrar, who allowed the defendant's application to set aside judgment in default of defence entered against the defendants.

The plaintiff is a company incorporated in Malaysia and having its principal office at 21st. Floor, Menara Boustead, 69, Jalan Raja Chulan, Kuala Lumpur. The defendants are partners trading under the name of M/s. Khoo Khoon Seng with a business address at No. 12, Kota Sarang Semut, 06800 Alor Setar, Kedah.

The plaintiff's claim against the defendants, as stated in the statement of claim, is for the sum of RM317,072.18 being the balance sum due and owing by the defendants to the plaintiff in respect of goods sold and delivered by the plaintiff to the defendants at the defendants' request.

On 23 April 1992 the plaintiff obtained judgment in default of defence against the defendants for the sum of RM317,072.18. Puan Aishah, Counsel for the defendants agreed that the default judgment was a regular judgment. Both Puan Aishah and Miss Charanjit Kang, Counsel for the plaintiff confined their arguments to the question of merits.

Puan Aishah raised three poin