Gill CJ:

This was an appeal from a judgement of Syed Othman J dismissing an application by the plaintiff in the action (the appellant) for leave to deliver certain interrogatories to the first defendant in the action (the respondent).

The plaintiff was a director and shareholder of a private company known as The United Malaysia Traders Sendirian Berhad which was formed in 1960. The other directors and shareholders of the company were the second, third and fourth defendants. All four of them held 100 shares of $10 each fully paid up in the company. The company possessed certain properties one of which was a fairly large piece of land known as the Bukit Hitam area held under mining certificate No. 2/68 Keratong in the State of Pahang.

On 6 January 1970 at the request of the first defendant, the plaintiff executed in favour of the first defendant a power of attorney and an agreement selling and assigning absolutely his entire shareholding in the company to the first defendant. He also signed on the same date a letter prepared by the first defendant resigning from the board of directors of the company.

On 7 July 1970 he brought an action in the High Court in Kuantan for a d