JUDGMENT

Lee Hun Hoe (Borneo) CJ (read by Wan Suleiman FJ as judgment of the Court):

This appeal is concerned with certain interlocutory proceedings. By a summonsin-chambers dated 18 June 1976 appellants applied for leave to sign final judgment against respondent for the sum of $250,000 being refund of deposit. It was clearly an application under O. 14. However, after hearing Counsel for appellants, the Senior Assistant Registrar gave leave to sign final judgment under O. 32 r. 6 which reads:-

Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise, apply to the Court or a Judge for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties and the Court or a Judge may upon such application make such order, or give such judgment, as the Court or Judge may think just.

Respondent appealed, praying that the order be set aside and that unconditional leave be given to defend the action. In the grounds of judgment, the Senior Assistant Registrar stated she had made a mistake. She admitted she had not read respondent's affidavi