Abdul Wahab Patail J:

The plaintiff had filed this writ of summons on 25 June 1996. An appearance was filed by the first and second defendants on 3 July 1996 and 28 June 1996 respectively. At a summons for directions hearing on 5 September 1996 this case was set down for trial for two days starting on 21 October 1996, with the direction for documents to be filed by 17 October 1996.

The background facts are as follows. The plaintiff is the tenant of certain premises owned by the first defendant pursuant to a tenancy agreement dated 23 September 1993, 29 April 1993 and 19 December 1995. There is a dispute as to whether the tenancy is to extend until 31 December 1997. In the meantime the first defendant has sold the property to the second defendant. The plaintiff filed the writ for declarations that the plaintiff's tenancy is binding on the first and second defendants, that the first defendant is liable in damages in the sum of RM500,000 and injunctions to prevent the defendants from disturbing the plaintiffs' enjoyment of the premises or to interfere with the supply of water and power to the premises.

On 21 October 1996 Counsel for the first defendant brought up the allega