JUDGMENT

[2]

This is an appeal by the plaintiff ("the appellant") under O 56 r I of the Rules of the High Court ("the RHC") against the decision of the learned Deputy Registrar ordering the affidavit in reply of Chan Chew Guan affirmed on 9 November 1999 ("the said affidavit) be inadmissible and struck out with cost to the second defendant.

The appellant have also filed a similar appeal in respect of Civil Suit No 22-80-99 (MR) where the facts and prayers are similar to the present appeal. Both parties have agreed that the decision of this appeal will be binding on the other appeal.

At the hearing of the appeal the learned counsel for the second respondent raised a preliminary objection that this notice of appeal was issued out of time and is in breach of O. 56 r. 1(3) of the RHC. The learned counsel submitted that since the decision to which the appeal relates was made on 7 April 2000 and the notice of appeal was only issued on 13 April 2000 it had exceeded the five days period within which the notice of appeal should be issued.

O.56 r 1(3) of the RHC provides as follows:-

"Unless the court otherwise order, the notice must be issued within 5 days after the judgment, order or decis