ABDUL AZIZ J

The learned senior assistant registrar dismissed the defendant's application under O 18 r 19(1)(a) for the strikingout of the statement of claim in this action, and for the dismissal of this action, on the ground that the statement of claim disclosed no reasonable cause of action. The defendant now appeals.

The claim of the plaintiffs is for the paymentof a sum allegedly due on an overdraft facility. Learned counsel for the defendant argued this appeal on the basis that the cause of action accrued on 16 October 1987, when, as stated in para 12 of the statement of claim, the plaintiffs made a demand for payment.

According to paras 14 and 15 of the statement of claim, the plaintiffs had, in an earlier suit, Kuala Lumpur High Court Suit No D4–23–429–88, filed on 19 February 1988, instituted action to recover the debt but, on 16 July 1993, byconsent of both parties, the action was struck out with liberty to file afresh. The statement of claim does not state the circumstances that had given rise to the striking out.

On 15 October 1993 the six-year period — as provided in s 6Limitation Act 1953

The present action was only brought on 24 April 1997.

In para 9 of his statement of def