Faiza Tamby Chik J:

This is an appeal filed by the plaintiff against the decision of the learned judge delivered on 14 December 1999 which allowed the application of the defendant to set aside the judgment in default of appearance taken against the plaintiff on 7 July 1999. A copy of the relevant order is shown in pp. 1-3 of the Supplementary Record of Appeal. On 11 April 1999, the plaintiff had filed a summons against the defendant. The particulars of the plaintiff's claim against the defendant are as stated in the statement of claim dated on the same date. (Pages 1-10 of the Record of Appeal). The said summons was duly served on the defendant, a fact not disputed by the defendant. On 7 July 1999, the return date of the said summons, the defendant had failed to appear in court or to file and serve upon the solicitors for the plaintiff the requisite notice of appearance. As a consequence thereof, the solicitors for the plaintiff proceeded to enter judgment in default against the defendant (hereinafter referred to as "the default judgment") which judgment in default were taken in the following terms (p. 1-2 of the Second Supplementary Record of Appeal):

(i) The defendant is