Lim Beng Choon J:

In the present case Counsel for the defendants proposed to raise a preliminary question of law for my determination pursuant to O. 33 r. 2 of the Rules of High Court ("RHC") at the close of the case for the plaintiffs. The question posed by him was this: Are the plaintiffs entitled to seek the relief asked for in their statement of claim based on their own pleadings?

The facts relied by him in support of his application are primarily these:

1. As the 1st plaintiff is a bankrupt and not holding an official post in the PPP he therefore has no right to ask for the reliefs sought. 2. In any event based on their own pleadings both the plaintiffs are not entitled in law to pray for and to obtain the reliefs as set out in their statement of claim.

Counsel suggested that the criterion for the Court to consider whether a preliminary question could be raised for consideration under 0. 33 r. 2 is twofold viz:

(i) the determination of the preliminary point would save time; and (ii) it would also save on costs.

He went on to say that he raised the preliminary question only at the close of the plaintiff's case (and I quote his words) "because the facts relied upon