[1] The defendant, hereinafter referred to as the appellant, had filed a successful leave application before us in respect of the sole question of law which reads as follows:

"Whether the Sarawak Housing Developers' Association, which is a society registered under the Societies Act 1966 , can sue as "Chairman Sarawak Housing Developers' Association."

[2] The plaintiff, ie the respondent had sued the appellant for the refund of RM322,007.95 debited from its account. In the course of the hearing at the High Court, followed by an appeal at the Court of Appeal, much centered on the issue whether the respondent was right in suing the appellant under the office-bearer's capacity of 'Chairman, Sarawak Housing Developers' Association' rather than his individual name. As gleaned from abov