JUDGMENT

Low Hop Bing J:

Declaratory Relief

By way of this originating summons in encl. (1), the plaintiff seeks a declaration that the defendant, in accordance with letter dated 22 May 1982 issued by the Secretary General of the Treasury, is only entitled to receive from the plaintiff payment of the sum of RM820.09 monthly until February 2006 as the due monthly instalment in respect of a housing loan facility that was granted by the defendant to the plaintiff on 22 October 1980 ("the facility") and that the defendant be estopped from asserting otherwise.

The plaintiff also prays that the defendant be ordered to deliver a statement of the redemption sum for the facility as requested by the plaintiff calculated on the basis of the monthly instalment of RM820.09 only.

Affidavits

The plaintiff affirmed and filed his affidavit in support on 19 September 2002 which was served on the defendant on 30 September 2002.

The plaintiff who appeared in person argued that contrary to O. 28 r. 3(4) of the Rules of the High Court 1980, the defendant's affidavit in reply was only filed and served on the plaintiff's solicitors on 24 October 2002, and that, since the plaintiffs consent has not been so