Gopal Sri Ram JCA:

[1] This is an appeal against the order of the learned Judicial Commissioner at Alor Setar, dismissing the appellant's suit for want of prosecution. We heard and allowed this appeal on 22 April 1996. The reasons for our decision now follow.

[2] The facts relevant to this appeal may be briefly stated. For convenience, we will refer to the parties as plaintiff and defendants.

[3] On 24 October 1990, the plaintiff bank caused to be issued a writ against the defendants, claiming a sum of RM263,917.96 which had been borrowed by the first defendant and guaranteed by the other defendants. The second, fourth and fifth defendants having delivered their respective defences, the plaintiff, on 15 March 1992 took out a summons under O 25 of the Rules of the High 1980, and, on 24 June 1992, obtained an order for directions. That order, inter alia, directed the parties to exchange their respective lists of documents within 30 days from its date. Surprisingly, however, the order made no provision for the setting down of the action for trial.

[4] Nothing further was done by the plaintiff to carry out the terms of the order. The lists of documents were not exchanged. Nor was