JUDGMENT

GROUNDS OF DECISION

This is an appeal against the decision of the Senior Assistant Registrar in dismissing an application by the 1^st defendant to set aside the writ of summons and the proceedings arising from it.

It is the contention of the 1^st defendant that the writ and all proceedings should be set aside as the writ had been issued without the leave of the court in contravention of Order 6 rule 1 and rule 6 and Practice Direction No: 2/1982. This contention is based on the fact that the 4^th defendant is a Singaporean with a place of residence outside Malaysia. The description on the writ is as follow:

4.	Kowa Nam Singof No. 9A, Astrid HillSingapore 1026...."

I now look at the offending provisions.

Order 6 rule 6(1) reads as follows:

"(1) No writ notice of which is to be served out of the jurisdiction shall be issued without the leave of the court."

Practice No. 2 of 1982 reads as follows:

"Practice Direction No 2 of 1982

Issue of Writ for Service out of the Jurisdiction

Order 6 rule 6(1) of the Rules of the High 1980 provides that no writ or notice which is to be served out of the jurisdiction under Order 11 shall be issued without the leave of the court. Before applying for l