Mokhtar Sidin JCA:

The respondent filed two separate actions against the appellant in the High Court of Malaya at Kuala Lumpur. The first suit, No. D3-22-273-93 (hereinafter referred to as " the first suit " ) was dated 11 March 1993. In the first suit there were four defendants of which the appellant was named as the fourth defendant. According to the writ and the statement of claim in the first suit the first defendant was MBf Securities Sdn Bhd; the second defendant was an individual by the name of Aliah bt. Mohd Yasin and the third defendant was also an individual by the name of Ang Cheng Kim. Apparently, the second and third defendants not only counterclaimed against the respondent but also filed separate actions in the High Court of Malaya at Muar. The appellant was not involved in the counterclaims and the suits in the Muar High Court. The second suit filed by the respondent against the appellant is Civil Suit No. D5-22-1175-93 (hereinafter referred to as " the present suit " ) dated 18 October 1993. The appellant is the only defendant in the present suit which is the present appeal.

It is not disputed that as against the appellant the subject matter in both suits a