JUDGMENT

VT Singham J:

[1] This is an application (encl. 64) filed by the first defendant to set aside the subpoena dated 28 August 2006 (encl. 58) served on Dato' (Dr) P. Kandasamy who is the expert witness of the first defendant. (hereinafter referred to as "the expert witness"). The said application is supported by the affidavit of the expert witness affirmed on 9 October 2006 (encl. 65). Subpoena is a writ issued in an action or suit requiring the person to whom it is directed to be present at a specified place, date and time, and for a specific purpose. In the instant case, the subpoena (exh. K2) referred to in the affidavit of the expert witness (encl. 65) which was issued to is subpoena duces tecum in (Form 69) of the Rules of the High Court 1980 to compel the expert witness to attend this Court, to give evidence and also to bring with him the medical report which has been specified in the subpoena.

[2] In this case, the plaintiff has filed an action for damages against the defendants for medical negligence which was alleged to have occurred on 28 May 2001. (see Pernyataan Tuntutan Terpinda Semula Kali Kedua (encl. 56)). The defendants have filed a statement of defence resistin