Hashim Yeop Sani CJM:

[1] There was a motor accident along the 77th milestone Ipoh/Kuala Lumpur main road on 18 June 1979 between motor vehicle taxi No H5887 and another motor vehicle, a bus No JAB 980. The respondent was injured in the accident. On 16 June 1984 the respondent, as driver of the taxi, took out a writ claiming for special and general damages.

[2] There was also another civil suit filed in Kuala Lumpur, Kuala Lumpur Civil Suit C38/82 in respect of the same accident. On 5 March 1984 the former solicitors for the respondent received a letter from the solicitors acting for the driver and owner of the said bus in the Kuala Lumpur civil suit who are now solicitors for the appellant.

[3] for the purpose of this judgment only one is really relevant. The letter appears at p 21 in appeal record dated 15 August 1984 and reads as follows:

Skrine & Co,

Advocates & Solicitors,

Straits Trading Building,

No 4, Leboh Pasar Besar,

50050 Kuala Lumpur

TT/m/90713.T/84

GS/GAP.A 1648/80

15 August 1984

M/s Gurdial Singh & Co

29, 1st Floor

Station Road

Ipoh,

Perak

Dear Sirs,

Re: Kuala Lumpur High Court. Civil Suit No: C38 of 1982

We refer to your letter dated 8 August 1984.

We have no instructions to ac