L.C. Vohrah J:

This is an application on the part of the defendants under O. 18 r. 19 of the Rules of the High Court 1980 to strike out the writ of summons and statement of claim as, inter alia, being frivolous, vexatious and an abuse of the process of the court. It concerns only the second plaintiff as the first plaintiff has not contested it.

The brief facts relevant to this application are as follows. The plaintiffs were directors of Pandangan Selera Sdn. Bhd. (Pandangan) which was a customer of the first defendant. They became two of the three guarantors for banking facilities granted to Pandangan by the first defendant. When Pandangan defaulted in payments under the banking facilities and when the guarantors failed to make payment as provided for under the terms of the guarantees, the first defendant on 30 April 1987 commenced legal proceedings in this court by way of civil suit No. 23-621 of 1987 (the earlier suit) against them, Pandangan, and the third guarantor. The plaintiffs entered appearance and on 10 May 1988 the first defendant filed an application for summary judgment in the earlier suit against the plaintiffs and summary judgment was entered by the senior