[1] In 2004, Devan & Associates, the appellant (defendant in the court below) was engaged by TSR Bina Sdn Bhd, the respondent (plaintiff in the court below) to represent it in defending a suit brought against it by Josu Engineering Construction Sdn Bhd (hereinafter known as "Josu"). The appellant was also instructed, at the same time, to prosecute a counterclaim against the said Josu in the same suit. The said civil suit was filed against the respondent in the Seremban High court as Civil Suit No MT1-22 February 2004 ("Josu's suit").

[2] By a letter dated 19 September 2006, the appellant wrote to the respondent to forward their documents to enable the filing of the respondent's bundle of documents in the Josu's Suit as soon as