Abdul Hamid J:

This is an application by the defendants for an order to set aside judgement in default of defence entered against the defendants on 29 November 1969.

The writ of summons and the statement of claim were served on the defendants on 1 November 1969. They filed the memorandum and notice of appearance on 6 November 1969. On 5 November 1969, the defendants' solicitors applied for further, and better particulars. By letter dated 24 November 1969, the plaintiffs' solicitors wrote to the defendants' solicitors drawing their attention to r. 7B of O. 19 of the Rules of the Supreme Court, stating that the request for particulars at that stage was premature. They also warned that they were proceeding to enter judgment in default of defence at the expiry of the time for defence.

The defendants' solicitors by letter dated 25 November 1969 informed the plaintiffs' solicitors that they would file an application in Court for an order for further and better particulars. An application was forwarded to the senior assistant registrar, Kuala Lumpur on 2 December 1969. The senior assistant Registrar informed the defendants' solicitors that judgment in default of defence had bee