[1] There were two issues raised in this appeal which have been elaborately argued before us. The first concerns the time when the 40 days limitation set out in O 53 r 3(6) of the Rules of the High 1980 ("the RHC") begins to run in the present case. The second is whether the order of mandamus would lie against the appellant to enforce the payment of the judgment sum against the State Government of Pahang by virtue of a certificate issued under s 33(1) ("the s 33 certificate") of the Government Proceedings Act 1956 ("the GPA"). The learned trial judge found for the respondent on both the said issues. It was held that the present application was not barred by the said 40 days limitation, and that the order of mandamus would lie against the appellant to enforce the payment of the judgment sum.

[2] We heard the appeal on 5 October 2009 and after hearing submissions of counsel for both parties, we unanimously allowed the appeal with costs. I have had the advantage of reading in draft the judgment of my learned friend Jeffrey Tan JCA. I generally agree with his reasons and conclusion and wish to add some observations with regard to second issue.

[3] From the gr