Edgar Joseph Jr FCJ:

[1] The short point which arose for decision in this appeal concerned the validity of a judgment in default of appearance dated 8 July 1988 which had been entered in the Commercial Division of the High Court, Kuala Lumpur, ("the default judgment") against the defendant, who was the appellant herein, at the instance of the plaintiff, who was the respondent to this appeal. The default judgment was in the following terms:

Judgment in Default of Appearance.

No appearance having been entered by the defendant. IT IS THIS DAY ADJUDGED that the said defendant do pay to the plaintiff the said sum of RM4,923,242.69 at 31 March 1988 together with interest thereon at 1% above the Prescribed Rate which is the sum of the Margin (as therein defined) and the Base Lending Rate of the plaintiff on a daily rests from 1 April 1988 till the date of full realisation and costs on a solicitors and client basis to be taxed.

Dated 8 July 1988.

Sgd.

The Senior Assistant Registrar

High Court, Kuala Lumpur.

[2] The appellant then caused to be filed an application by way of summons in chambers dated 4 December 1991, to set aside the default judgment on the ground that it was not regularly o