Azmi (Malaya) CJ:

This is an appeal against the judgement of the High Court at Muar for $2,534 for negligence against the appellant, an advocate and solicitor of the High Court of Malaya.

The facts of the case would appear to be as follows. The respondent retained the appellant as his advocate and solicitor to defend him in a civil action in the sessions Court at Muar. The respondent was sued as an endorser of a dishonoured cheque. A second defendant who was sued as the drawer of the cheque admitted the claim and judgment with costs was entered against him. The respondent contested the action but at the conclusion of the hearing judgment was also entered against him on 1 May 1962. Dissatisfied with this decision the respondent instructed the appellant to appeal. The notice of appeal was signed by both the respondent and the appellant on 3 May 1962 and filed within the prescribed time. Subsequently after the record of appeal had been prepared by the sessions Court, a notice under r. 2 (1) of O. 59 of the Rules of the Supreme Court, 1957, was served on 18 August 1962 on the appellant. In terms of the said r. 2(1) the memorandum of appeal should have been filed within 14 day