JUDGMENTBY: PEH SWEE CHIN FCJ (DELIVERING THE GROUNDS OF JUDGMENT OF THE COURT)

PEH SWEE CHIN FCJ (DELIVERING THE GROUNDS OF JUDGMENT OF THE COURT) The two appeals above-mentioned arose out of two orders originally made in chambers in the same civil suit, ie the civil suit above-mentioned. We have earlier dismissed the appeal in Civil Appeal No 02-497-92 and at the same time, we have allowed the appeal in Civil Appeal No 02-316-93 with costs in both appeals. We indicated that we would give grounds of decision and we hereby do so.

First, we deal with Civil Appeal No 02-497-92.

In this appeal, the learned judge below upheld the order of the setting aside of a judgment in default of appearance dated 8 July 1986 obtained earlier by the plaintiff [the appellant] against the second defendant [the second respondent] who was sued as guarantor in respect of money lent by the plaintiff to the first defendant [the first respondent]. The second defendant had first applied to set aside the default judgment before the learned registrar and the learned registrar had allowed it to be set aside, and on appeal, the learned judge upheld the learned registrars order as stated above.

In the g

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