In the course of the trial of this suit, reference was made by the first plaintiff, Dato' Au Ba Chi, to a document found at p 13 of the agreed bundle of documents. An application was filed by way of notice of motion by the six counsel for the 14 defendants to have this p 13 expunged from the bundle of documents, and evidence of PW1 referring to this document at p 13 ABD be expunged from the notes of evidence. The application was an open court application but heard in chambers. The order granted was extracted as an open court order.

The impugned document was signed by the defendants and given to their former solicitors T Thalayasingam & Co on 5 November 1972 date uncertain]. The document is worded as follows:

We, the undersigned being the co-owners of the land held under grant no 2936, for lot no 375, township of Bandar Penggaram, Batu Pahat to the extent of 461189300/483189300 undivided shares, do hereby acknowledge receipt of the sum of dollars thirty five thousand only ($35,000) from Thalayasingam & Co, 8 Jalan Edrus, Batu Pahat by means of their cheque no 491756 on OCBC Ltd, Batu Pahat in favour of Khern Seng Chye and Chua Keng Sam subject to the following terms an