Suffian FJ:

(read by Ong Hock Sim FJ ): This is an appeal against a decision of the High Court.

Mr. Joseph for the respondent (plaintiff in the lower court) argues that we have no jurisdiction to hear this appeal.

To understand his arguments, it is necessary to give a brief history of the matter. On 16 March 1971, the judgment appealed from was delivered in favour of the plaintiff against the two defendants. The second defendant was dissatisfied with it. On 29 March he gave notice of appeal under r. 6 of the Federal Court (Civil Appeals) (Transitional) Rules, 1963. That appeal was given a number (31 of 1971) by the Registry. The second defendant did not, however, at the time of filing the notice of appeal serve a notice of the appeal on the plaintiff, as required by r. 7. Realising on the authority of Tan Ting Kok v. Cheong Lep Keen and Anor. [1969] 1 MLJ 153 that his appeal would not therefore have been properly brought before the court, he wrote to the plaintiff asking for his consent to the withdrawal of the notice of appeal, so that he (the second defendant) could file a second notice. The plaintiff declined to give his consent. On 15 April, that is still within time