JUDGMENT

Tan Chiaw Thong J:

We allowed the appeal and stated that we would give our reasons later. We do so now.

This is an appeal against the refusal by the lower Court of an application made by the appellant (defendant in the lower Court) for an order striking out the particulars served by the respondent upon the appellant on 24 November 1979, on the ground that such particulars were served in breach of an order of the lower Court dated 9 November 1979, after the time limit imposed by the said order had expired.

The action in the lower Court concerns a claim brought by the respondent against the appellant for damages and an injunction in relation to an alleged libel. The relevant parts of paras. 6 and 7 of the statement of claim reads:

6. And on or about 18 April 1971 the defendant falsely, maliciously and recklessly wrote and published and/or caused to be written and published of and concerning the plaintiff and of and concerning him in the way of his said office as chairman of the Sarawak National Party a news message alleging, inter alia, that the chairman of the Sarawak National Party Dato Stephen Kalong Ningkan told the High Court at Sibu on 18 April 1972 that his party had