Abdul Malik Ishak J:

On 21 January 1997, Mr. Gana Muthusamy from Messrs Gana Muthusamy & Co., and assisted by Mr. Hardip Singh appeared for all the four defendants while the plaintiffs were represented by Mr. M. Pathmanathan and Mr. Gan Techiong from Messrs Gan & Lim. On that day Mr. Gana Muthusamy raised a preliminary objection which eventually was dismissed by me with costs. A written judgment on that preliminary objection had been written and circulated to all the parties. That written judgment has since been reported vide Yukilon Manufacturing Sdn. Bhd. & Anor. v. Dato' Wong Gek Meng & Ors. [1997] 2 CLJ 467; [1997] 2 MLJ 212. On receipt of the written judgment Mr. Gana Muthusamy filed a notice of appeal dated 22 March 1997 as reflected in Encl. 32. By letter dated 5 May 1997, Mr. Gana Muthusamy enclosed an undated notice of withdrawal of that appeal. That was a wise move.

On 5 May 1997, Mr. P.M. Mahalingam from Messrs P.M. Mahalingam & Co. filed an ex-parte notice of motion in Encl. 41 which bore the following title:

IN THE HIGH COURT OF MALAYA HOLDEN AT JOHOR BAHRU

CIVIL SUIT NO: 22-257-1996

BETWEEN

DATO WONG GEK MENG, JP ... APPLICANT/PLAINTIFF

AND

(1) PATHMANATHAN A