Low Hop Bing J:

Application

This application demonstrates how important it is to have a strong foundation and knowledge in the basic rules of civil procedure in order to be placed on the right track in handling litigation for parties in court.

Before me is the summons in chambers, in encl. (16), filed by the appellants ("defendants") for an order that the defendants be given leave:

(1) to file additional affidavit out of time; and

(2) to raise new issues and adduce fresh evidence for the purpose of setting aside the summary judgment given by the learned sessions court judge Melaka under O. 26A of the Subordinate Courts Rules 1980against them on 23 July 2001 ("the summary judgment")

At the hearing of the aforesaid application, the defendants also made an oral application for leave to amend their defence.

Grounds Of Application

The defendants' ground in support of prayer 1 above is that on 7 March 2003 they retained the services of their new solicitors viz.Tetuan Lawrence Teh and Co ("new solicitors") who were of the view that the defendants have a strong case to set aside the summary judgment as there were disputes of law and facts, and that the facts were prejudicial to th