Lim Beng Choon J

On December 10, 1986 Sova Sdn. Bhd., the plaintiffs, instituted the present civil suit against Kasih Sayang Realty Sdn. Bhd., the defendants, whereby they allege that the defendants have committed a breach of a sale and purchase agreement entered into by the two parties on March 13, 1984 ("sale and purchase agreement"). By their writ of summons with the accompanying statement of claim filed in this court on the same date, the plaintiffs request for an order for specific performance of the said agreement and alternatively a rescission of the said agreement and they also claim damages and costs. The defendants entered an appearance to the writ on December 23, 1986 and filed their statement of defence on January 5, 1987. Prior to the filing of the statement of defence, the plaintiffs had made an application by way of summons-in-chambers (enclosure 3) on December 29, 1986 under Order 81 rule 1(b) of the Rules of the High Court 1980 for the rescission of the said agreement and the consequential orders directing the defendants to refund a certain sum of money paid by the plaintiffs to the defendants and damages and costs. An affidavit in support was duly filed with the a