JUDGMENT

KC Vohrah J:

Five Sessions Court civil actions involving the same defendant and ten different plaintiffs were consolidated. On 20 January 1998 the consolidated actions came up for hearing. Counsel for all the plaintiffs was present as was counsel for the defendant. I do not have the notes of proceedings of the case but it appears from the orders made under the separate civil actions that the cases were dismissed ("dibuang") as the plaintiffs and their witnesses were absent. An application was filed by seven plaintiffs to set aside these orders before the orders were perfected but the Sessions Judge dismissed the application on the basis of a preliminary objection advanced by counsel for the defendant that the plaintiffs did not have locus standi since the plaintiffs should have appealed the decision to the High Court.

It would appear that the Sessions Judge dismissed the consolidated actions under O. 28 r. 7(a) or the Subordinate Court Rules 1980.

O. 28 SCR relates to proceedings heard in open court.

O. 28 provides, inter alia, for situations when an action is called on for hearing:

(a) where neither party appears;

(b) where the defendant does not appear; and

(c) whe