JUDGMENT

Gunn Chit Tuan J:

The plaintiff in this case was a nineteen-year-old student at the time of the accident. On 30 August 1973, at about 12.30am he was riding a 100 cc Honda motorcycle with registration number PL 7269 along Gurney Drive, Penang, from the direction of Cantonment Road towards Northam Road. A collision occurred between his motorcycle and a motor car with registration number KC 6332, which was also proceeding along Gurney Drive towards Northam Road, when the plaintiff was making a U-turn towards Cantonment Road.

On 8 July 1975 the plaintiff filed a suit for damages for personal injuries and consequential loss against one Mukianto Kosasih who was the driver and one Mdm Lim Ah Nya alias Lim Say Choo who was the owner of the said car. The writ of summons could not be served on either of them and on 22 January 1976, the plaintiff obtained an order for substituted service to be effected on them by posting a copy of the writ and a copy of the order for substituted service on their last-known address as well as on the notice board of the High Court at Penang. Appearance was apparently entered for them on 5 April I976, by a firm of solicitors, Messrs. Goh Lim Eam & Mutt