Abdul Malik Ishak J:

Factual Background

It would be ideal to narrate the events surrounding the factual matrix of these proceedings. In chronological order, the events may be stated as follows:

(a) On 21 February 2001, an ex parteleave was granted to the plaintiff to issue committal proceedings against the defendant.

(b) On 24 February 2001, the plaintiff filed a substantive motion for committal.

(c) On 10 March 2001, the defendant applied to the Court of Appeal for a stay of the order made by the High Court on 22 January 2000. But the Court of Appeal refused to hear and forthwith dismissed the application with liberty to re-file.

(d) On 19 March 2001, the defendant filed the notice of motion in encl. 208 and sought for the following orders:

1. The Ex-ParteOrder dated 21.02.2001 be set aside;

2. The costs of this application be borne by the plaintiff; (and)

3. Such further or other Order as the Court deems fit.

(e) On 30 April 2001, the plaintiff filed the notice of motion in encl. 234 for the following orders:

(1) The Plaintiff be given leave to cross-examine the Defendant, Mahadevi a/p Nadchatiram and any other deponent of affidavits on the contents of the affidavits aff