FACTS

The defendant applied to strike out the writ and statement of claim pursuant to O 18 r 19(1)(a) and (b) of the Rules of the High Court 1980 (the RHC). The learned Senior Assistant Registrar (SAR) after hearing arguments granted the order. This is the plaintiff's appeal against that order. On 4.11.99 I heard full arguments and allowed the appeal with costs. The defendant has since filed a notice of appeal against my said oral decision.

FINDINGS OF THE COURT

At a public auction, the plaintiff did successfully bid for the purchase of a property in Kuala Lumpur. He then paid 10% deposit. He had an agreed period of 90 days within which to pay the balance. Attached to the Proclamation of Sale which was exhibited, were the conditions of sale and condition 7 reads as follows:

"7. The balance of the purchase money shall be paid in by the Purchaser within ninety (90) days from the date of the sale to the Senior Assistant Registrar, High Court, Kuala Lumpur by Bank Draft. If the Purchaser fails to comply with this Condition, the deposit shall be forfeited to the Plaintiff unless an agreement to extend the time is obtained from the Plaintiff. Upon getting the consent to forwar