Gopal Sti Ram JCA:

[1] We heard this appeal on 15 February 1995, and, at the conclusion of argument, reserved judgment. Our conclusions and the reasons for them are now produced. For ease of reference, the parties before us will, in this judgment, be described as plaintiff and defendant respectively, although, there were ten defendants in the Court below (nine of whom are not before us) and the respondent to this appeal is the ninth defendant. Also, all references in this judgment to rules of Court are to the Rules of the High , 1980 unless otherwise stated.

The Background

[2] The plaintiff, although its name may not so suggest, is a licensed lender of money. The defendant is one of the guarantors of a loan advanced by the plaintiff to the first defendant in the Court below. There was default in repayment of the principal and interest. So the plaintiff, on 22 August 1985, launched an action by a writ of that date. The guarantee executed by the defendant gave an address as his. The plaintiff attempted service of the writ at that address with no success. Encik Anantham, who appeared for the plaintiff on this appeal, complained that the difficulties encountered by the plaintiff i