Wan Suleiman FJ:

The appellants, who were defendants in the Court below, had applied by way of summons-in-chambers for an order "that the writ of summons and the statement of claim and the service thereof and all subsequent proceedings be set aside as these disclose no reasonable cause of action" (obviously under O. 18,r. 19 of the Rules of the High Court 1980).

Appellants had filed two affidavits as well as various documents in support of their application. Counsel for the respondents/plaintiffs very properly objected to the admissibility of such evidence for the purposes of this application in view of the express prohibition contained in O. 18 r. 19(2),and the learned Judge accordingly proceeded to consider the application without regard for such evidence. Since Mr. Nathan for the appellants conceded that the affidavits and documents are indeed inadmissible, we need not dwell any further on this aspect of the application.

In their writ and statement of claim the respondents alleged that on or about 9 October 1978 the 1st respondent had agreed to purchase and the 1st appellant had agreed to sell to him a piece of land together with a house to be erected thereon for RM55,0