Abdul Wahab Patail J:

By this summons in chambers dated 8 June 1999, the plaintiff applied to reinstate a writ of summons and statement of claim struck out on 27 March 1999.

The grounds advanced for the application are stated to be:

1. The plaintiff who is resident overseas has been found, contacted and his instructions and documents obtained to proceed with this action.

2. That the plaintiff and the first four defendants are brothers, and in 1998 a consent order was recorded between the plaintiff, a brother Chua Ching Siew and the first defendant in D2-22-142-96 and S2-22-434-92, and feared the consent order would be affected by this proceeding had it been pursued earlier.

3. The period of limitation has expired and the plaintiff would be prejudiced if the writ is not reinstated.

4. That the plaintiff's claim has merit.

The application is supported by the affidavit of Ronald Menon, an advocate and solicitor acting for the plaintiff and who asserts he has been authorised by the plaintiff to swear the affidavit. He is also the solicitor wh