JUDGMENT

Steve Shim Lip Kiong J:

On 27 March 1992, the defendant Robin Hii Chung Siong applied to the Senior Assistant Registrar to strike out the amended statement of claim under O. 18 r. 19. The application was dismissed with costs. The defendant has appealed against that decision under O. 56 r. 1.

It seems clear that the plaintiff's action is based essentially, if not solely, on a Sale and Purchase Agreement dated 24 June 1985 prepared by the defendant and entered into by the plaintiff with a developer called Sie Chung Tung Housing Development in respect of a piece of property described as sublot 38 comprised in Sibu Occupation Ticket nos. 35431 and 24012 together with 1 unit of reinforced concrete double-storey semi-detached dwelling house at the purchase price of RM140,000. On 18 September 1991, the plaintiff took out a writ of summons against the defendant for damages allegedly suffered by him as a result of the negligence of the defendant in preparing the aforesaid sale and purchase agreement. The defendant, in his amended statement of defence dated 19 February 1992, has pleaded specifically as follows:

The alleged cause of action arose more than six(6) years before the co