JUDGMENT

Siti Norma Yaakob JCA:

The only issue raised in this appeal is whether the appellants (plaintiffs in the court below) had adopted the proper procedure when they chose to serve a copy of their writ of summons and statement of claim on the respondents personally at the latter's principal place of business and not at their registered office. This issue arose when the respondents questioned the validity of a judgment in default of appearance dated 11 June 1993 entered against them on the ground that the judgment had been irregularly obtained by the appellants.

The appellants are contractors and in October 1989, pursuant to an oral agreement reached with the respondents, who are housing developers, they undertook to construct 172 units of low cost houses, this being the first phase of the respondents' housing project known as Taman Pelangi in Seremban.

On 24 December 1992, the appellants' solicitors demanded payment of RM145,934.63 from the respondents being progress payments outstanding after credit was given for a payment made and the 5% retention sum provided by the respondents. When the respondents failed to meet the demand, the appellants sued them on 20 March 1993 at th