Mahkamah ini merujuk dan menerima pakai kes TAN KIM KHUAN v TAN KEE KIAT (M) SDN BHD [1998] 1 CLJ SUPP 147, P7061, Mahkamah telah memutuskan bahawa: - “If the party on whom the burden lies fails to discharge it, the other party need not call any evidence. In that event, it will not avail him to turn around and say that the respondent has not established his.” [11] Oleh yang sedemikian, mahkamah ini menyatakan bahawa hujahan No Case to Answer oleh Defendan adalah langsung tidak berasas di dalam tindakan ini dan ianya ditolak oleh Mahkamah yang mulia ini. [12] Menurut kes YOONG SZE FATT v PENGKALEN SECURITIES SDN BHD COURT OF APPEAL, PUTRAJAYA [2010] 1 CLJ 4842 memutuskan bahawa segala keterangan Plaintif harus diterima sebagai benar sekiranya Defendan memilih untuk mengambil hujahan “submissions of no case to answer” :- “[5] In our judgment, it is trite law that once a defendant in civil proceedings makes a submission of no case to answer and elects not to call evidence, then all the evidence led by the plaintiff must be assumed to be correct: per Gopal Sri Ram, JCA in Jaafar bin Shaari, supra, citing Wasakah Singh, supra. This principle has found similar expression in a number of judgments handed down in the motherland of common law. These cases include Alexander v. Rayson [1936] 1 KN 169; Boyce v. Wyatt Engineering [2001] EWCA Civ. 692; Miller (t/a Waterloo Plant) v. Cawley [2002] EWCA Civ. 1100; and Benham Limited v. Kythirra Investments Ltd [2003] EWCA Civ 1794. [41] Having considered the arguments of counsel on both sides and the authorities cited by them, I am of the opinion that the following guidelines may be taken as well settled. At the close of the plaintiff's case, the first defendant chose to submit that there was no case to answer and preferred not to call witnesses. It was a perilous course to take simply because all the evidence adduced by the plaintiff must be presumed to be correct. It is a sound general rule that a judge should not consider a submission of no case to answer unless the defendant (here the first defendant) agrees not to call any evidence, whatever the outcome of the submission. Thus, where a defendant is put to his election and elects not to call evidence, just like the present appeal, the result is this. That the trial is in effect truncated and the question for the judge to consider is whether the plaintiff has established his case by the evidence called on the balance of probabilities. If the plaintiff has done so, then the judgment should be given to the plaintiff. If the plaintiff has not done so, then the judgment should be given to the defendant. If the judge chooses the latter course of action and gives judgment to the defendant, the judge may indeed be of the view that there is no case for the defendant to answer. But such a judgment should not be given unless the judge finds that the plaintiff has not established his case by the evidence adduced on the balance of probabilities. [45] Back home, on the subject of the submission of no case to answer we have the classic case of Subry bin Hamid v. Husaini bin Tan Sri Ikhwan & Anor [2006] 4 CLJ 50, CA, which also made reference to the Benham 's case. My learned brother Low Hop Bing, JCA also referred to Subry bin Hamid in his well-written judgment.