Shaik Daud Ismail JCA:

This is an appeal from the decision of the Penang High Court which had on 30 May 1996 dismissed the appellants' writ of summons and statement of claim for want of prosecution on the ground that the appellants had not set down the matter for trial pursuant to O. 25 r. 1(1)(b) of the Rules of the High Court 1980 within one month from the close of pleadings.

The four appellants, of whom three are outside the jurisdiction of the court, filed a writ of summons and statement of claim on 15 January 1993 for various declaratory judgments against the respondent. The facts leading to the filing of the writ are that the appellants and respondent are children of one Mohamed Mydin Merican, now deceased, having died on 12 October 1991. The deceased was the legal owner of a parcel of land known as Lot 465, Sek. 11-W Daerah Timur Laut, Georgetown Pulau Pinang with nine houses erected thereon. On or about 2 February 1968 the said Mohamed Mydin Merican, during his lifetime, transferred the said property as a gift to the respondent, who was then eight years old. At the same time the deceased created a trust deed declaring a trust in favour of the respondent. Upon the