Low Hop Bing J:

Background

On 24 December 1997, the plaintiff commenced an action by way of summons in the Sessions Court Klang.

The defendant purported to file a notice of appearance but there was no reference whatsoever to the case no. in question. There was no address for service and it was not even dated. There was no indication as to which court the notice of appearance was filed, nor was it stated to be filed by whom, although it was addressed to "the plaintiff or the plaintiff's solicitors". It must be immediately observed that the said notice of appearance was less than a rudimentary copy and the party purporting to file it was quite contented to leave it in a state of limbo or neglect. In this state of affairs, learned counsel for the defendant-appellant, in answer to my question, has candidly replied that the said notice of appearance was not valid. It was also admitted that no defence has ever been filed by the defendant-appellant.

On 13 February 1998, the plaintiff applied to the said Sessions Court for summary judgment under O. 26A of the Subordinate Courts Rules 1980. This application was supported by an affidavit affirmed for and on behalf of the plaintiff