VC George J:

This is an application by the second named defendant to set aside judgment in default of appearance that had been entered against him on 7 August 1984.

On the strength of an affidavit of service of the writ on the two defendants by Encik Chan Kai Meng, a certificate of non-appearance in respect of each of the defendants was issued by the relevant Senior Assistant Registrar on 7 August 1984 pursuant to which judgment in default of appearance was on 7 August 1984 entered against each of the defendants. The second named defendant Chan Fan Ann who was sued as a guarantor has now challenged the alleged service of the writ on him. In an affidavit in support of his application (the instant application) to have the judgment in default set aside he denies the contention in affidavit of service of the writ on him as alleged or at all. He says that he first came to know that proceedings had been commenced against him by the plaintiffs only when a bankruptcy notice was served on him on or about 15 July 1985. He has set out in his affidavit what he contends are the circumstances in which he came to execute the alleged document of guarantee on which the plaintiff's cause of