Dalam kes Aleykutty James v Syed Putra Bin Syed Omar Shahabudin & Anor [1979] 1 MLJ 238b Mahkamah Persekutuan setelah mempertimbangkan pembelaan yang telah difailkan tanpa memperolehi kebenaran memutuskan seperti berikut: “Having considered the arguments of both counsel, I considered that the proper procedure in this case would be that laid down in Order 12 rule 22 of the Rules of the Supreme Court, 1957. It is obvious that the defendants could appear at any time before judgment. In this case they have in fact entered appearance on January 21, 1978 before there was any judgment. As they have entered appearance after the time limited by the writ for appearance it was necessary of course to consider whether they should be entitled to further time for delivering their defence. In accordance with the above-quoted authorities, I therefore proceeded to consider the statement of defence which was filed by the defendants on February 25, 1978. Even counsel for the applicant/plaintiff did not dispute the correctness of that step as he too in his written submission also referred to the statement of defence filed in..”