Shaik Daud J

This is an appeal by the plaintiff from the decision of the senior assistant registrar whereby she allowed an application by the third defendant to have a judgment entered against her to be set aside, on the ground that she has a valid defence to the plaintiff's claim. On 26 June 1986, the plaintiff had obtained a judgment in default of appearance against the third defendant for the sum of RM205,353.24 with interest at the rate of 14.75%pa with monthly rests from 1 December 1985 until payment; RM237,433.50 with interest at the rate of 15.75%pa on the sum of RM203,872.40 from 1 December 1985 until payment and RM4,805.89 with interest at 14.75%pa on RM4,351 from 1 December 1985 until payment.

At the trial before the learned senior assistant registrar, it was the defendant's contention that the judgment in default of appearance entered as stated above is irregular and defective in that it contravenes the then existing O 42 r 12 of the Rules of the High Court 1980 which only allowed for the plaintiff to claim interest of 8%pa from date of judgment. The plaintiff's reply to this was simple — they had applied for an amendment to the default judgment in order to comp