Lim Beng Choon J:

In this ruling, I propose to deal only with the application of the plaintiff for summary judgment on the ground that the defendants have no defence on the merits of the case. I do not propose to deal with the interlocutory proceedings instituted by the defendant for leave to file a statement of defence out of time as the matter has been compromised.

Should there be an appeal with leave of this Court I shall deal with all the relevant matters in my written judgment.

This is an application made by the plaintiff by way of summons-in-chambers filed on 24 February 1986 (see encl. 29) for summary judgment on the ground that the defendants have no defence to the action commenced by Writ by the plaintiff. The application is made pursuant to O. 81 r. 1 of the Rules of the High Court.

The facts leading to the action out of which this application was made can be briefly stated as follows. The 1st defendant was said to have empowered the 2nd defendant with a Power of Attorney to deal with the piece of land held under Surat Putus Kechik (SPK) No. 9311 Lot No. 2965 Mukim Telui Kiri District of Kuala Muda Kedah comprising of 4 relongs 395 jembas (referred to as "the lan