JUDGMENT

Mohamed Dzaiddin Bin Hj Abdullah SCJ:

This is an appeal by the appellant, United Malayan Banking Corporation Berhad, from the judgment of the Kuala Lumpur High Court given on 5 August 1992, upholding the decision of the Senior Assistant Registrar in allowing the dismissal of the appellant's action for want of prosecution.

The following account of the facts of the case is taken largely from the learned Judge's grounds of judgment (p. 13 A.R.). On 12 November 1979, the appellant, who was the plaintiff in the Court below, filed a specially indorsed writ and a statement of claim against the first respondent and three others, claiming for monies owed under banking facilities granted to the first respondent and guaranteed by the second, third and fourth respondents. On 22 November 1979, the respondents entered appearance and filed their defence and counterclaim. On 12 January 1980, the plaintiff filed the reply and defence to counterclaim. On 31 March 1980, the respondents filed an amended defence and counterclaim. Later, the respondents filed a reamended defence and counterclaim, followed by the filing of an amended reply and defence to the said counterclaim.

Subsequently, on