Abdul Aziz J:

In this case the plaintiff sued the Government of the Federation of Malaysia and the Public Works Department, Kelantan, Kota Bharu for damages arising from a traffic accident. It was alleged that somebody left an unlighted steam roller belonging to Government parked on the road at night causing the deceased who was riding a motor-cycle to crash into it with fatal consequences.

At the hearing of this action the learned State Legal Adviser who appeared for the defendants raised two important preliminary objections: firstly, that the Public Works Department Kelantan is not a legal person and secondly, the action was not commenced within twelve months from the date the cause of action arose. As regards the first preliminary objection, Mr. Wong, who appeared for the plaintiff conceded that the Public Works Department has no legal status and consequently applied for amendment of the pleadings by striking out the second defendant. The pleadings were accordingly amended. The learned State Legal Adviser then submitted that under s. 6 (1) and (4) of the Government Proceedings Ordinance, 1956, no proceedings could lie against the Government in tort unless it is establi