RK Nathan J:

Facts

The plaintiff commenced this action against the defendant claiming general damages amounting to RM1 million, interests, exemplary and additional damages, and costs for alleged negligence on the part of the defendant in issuing/executing/attempting to execute a warrant of arrest under a judgment debtor summons in respect of Kuala Lumpur Magistrate Court Case No. J76- 2840-1996 and also for defamation. The writ of summons with the statement of claim was filed on 22 December 1998. There is no affidavit of service filed by the plaintiff. However, the defendant has magnanimously admitted that the same was served on its firm of solicitors at their request on 9 February 1999. The defendant's memorandum of appearance was dated 19 February 1999 and was also filed on the same day. However, by a letter dated 19 February 1999 the defendant had in fact served the plaintiff with a copy of the memorandum of appearance on 18 February 1999. In other words a copy was served even before it was filed on 19 February 1999. Subsequently the defendant filed and served its defence on 3 March 1999.

In the meantime on 1 March 1999 the plaintiff filed an application to set aside t