This is an application by the Plaintiff by way of Summons-in-Chambers for final judgment against the Defendant for an order that the Defendant do forthwith pull down and remove the unnumbered premises constructed adjacent to premises No. 17B Sungai Nibong Kecil, Pulau Pinang which stands on a portion of the Plaintiff's land known as Lot 1951 Mukim 12 Pulau Pinang and for damages and costs.

The hearing of this application was originally fixed on November 1, 1979 and according to the file it was adjourned to a date to be fixed for argument in open court. Unfortunately, nothing had been done until September 1984 when the Plaintiff's solicitors wrote to the Registrar requesting for a hearing date. Then, on January 8, 1985, the solicitor for the Defendant wrote to the Registrar requesting for a two-week adjournment to enable him to get up the case as he alleged that he was not served with any notification of the hearing date earlier. I refuse to grant the adjournment simply because being the original solicitor/counsel in this matter it is no excuse for him not to have prepared and got up the case earlier. At any rate, I find that the issue involved is not a difficult