JUDGMENT

Salleh Abas LP:

This is an appeal from the decision of Dr. Zakaria J confirming the decision of a Senior Assistant Registrar on the appellants' application for a final judgment under O. 27 r. 3, the ground being that the respondents had made admissions to the appellants' statement of claim.

The facts are as follows:

The appellants entered into an agreement on 30 January 1981 with the respondents to buy mawa coconut seeds from the latter at RM6.50 per seed. Under this agreement (hereinafter referred to as "the sale agreement") the respondents undertook to ship the seeds to any destination specified by the appellants and are entitled to be reimbursed for the costs and expenses in connection with the shipment. Subsequently, disputes arose between the parties and as a result the appellants commenced two civil suits against the respondents.

In the first suit No. C. 1063/82 the appellants alleged that the respondents had committed a breach of the sale agreement by supplying them with non-mawa seeds and they therefore claimed by way of damages a sum of RM7,982,251.50 under Clause 9 of the sale agreement which fixed such damages to be at the rate of RM10 for each seed. The respond