JUDGMENT

Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] On 16 January 2001, the parties before us entered into an agreement for the sale and purchase of certain shares in a company known as Serve Vest (M) Sdn. Bhd. It is common ground that several payments were made under the agreement but outside the time limited by it. At all times material to the appeal, the appellant had paid the respondent RM5,400,000. The plaintiff, after demanding for the balance, then commenced an action to recover the sum of RM11,896,000. The defendant (the appellant before us) filed his defence and then took out an application to strike out the plaintiff's statement of claim as disclosing no reasonable cause of action. The plaintiff also filed a similar application to have the defence struck out. The learned judge before whom these applications came dismissed them both. However, when dismissing the plaintiff's application, she made a further order that the dispute between the parties be tried on a summons to be taken out by the plaintiff under O. 14A Rules of the High 1980 . The plaintiff complied with that direction. The summons was heard and the learned judge entered judgment for the plaint