Hishamudin Yunus J:

This originating summons (encl. 4) is an application by the plaintiff for an order that the defendant do deliver to him the issue document of title of a piece of land, in respect of which the plaintiff is a co-proprietor, so as to enable him to transfer his share in the land to his son.

This application is supported by an affidavit (encl. 3) affirmed by one Hong Tuai King on 8 February 1999. This supporting affidavit together with the originating summons (encl. 4) was filed in court 1 March 1999.

At the commencement of the hearing of this originating summons, the learned counsel for the defendant, Encik Richard Bong, raises a preliminary objection. The objection taken is against the supporting affidavit (encl. 3). It is contended by Encik Bong that the affidavit is defective and should be disallowed. The learned counsel argues that the affidavit is defective because it was affirmed before the originating summons was filed. According to Encik Bong, the supporting affidavit could only be affirmed after the originating summons has been filed in court.

Encik Bong relies on O. 41 r. 1(1) and (2) of the Rules of the High Court ('RHC'), which stipulates -