[1] The appellant (plaintiff) had filed a defamation suit against the respondent (defendant) on 2 January 2004 at the Shah Alam High Court for libel contained in an e-mail dated 27 September 2003. On 17 February 2004 the defendant's solicitors M/s Rajadevan & Associates filed the defendant's Statement of Defence.

[2] On 7 December 2005, M/s Rajadevan & Associates discharged themselves from representing the defendant. There was an interlocutory application by the plaintiff to strike out the defence. It was fixed for hearing before the High Court Judge (HCJ) (Alizatul Khair J) on 7 April 2006.

[3] On 7 April 2006, the defendant was present in Court. Counsel for defendant was not present. Counsel for plaintiff who was present informed the HCJ that the plaintiff 's solicitors have not been served with the fair copy of the order of discharge by the defendant's solicitors. O 64 r 5(1) Rules of the