Abdul Malik Ishak J:

Introduction

This was an appeal by the plaintiff in encl. 20 to the judge-in-chambers against the decision of the senior assistant registrar ("SAR") dated 9 March 2000.The appeal in encl. 20 may be divided into two parts.The first part was in regard to the decision of the SAR who had allowed with costs the second defendant's application in encl. 16 to strike out the writ of summons dated 21 October 1998 and the amended statement of claim bearing the same date (both can be seen in encl. 5) under O. 18, r. 19 (1)(a) of the Rules of the High , 1980 ("RHC") which states as follows:

(1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement, of any writ in the action, or anything in any pleading or in the indorsement, on the ground that -

(a) it discloses no reasonable cause of action or defence, as the case may be; or

and according to O. 18, r. 19(2) of the RHC :

No evidence shall be admissible on an application under paragraph (1)(a).

That no evidence is admitted on an application to strike out under O. 18 r. 19(1)(a) of the RHC has indeed been borne out in two prominent cases.Firstly, A.G. of Du