Amendments to pleadings are permissible if made in good faith, do not cause prejudice, and do not change the character of the suit.

Choong Yeow Choy JC:

Introduction

[1] The instant Suit is centred on a land dispute whereby the Plaintiff is seeking:

(1) a declaration that the Letters of Administration de Bonis Non ("the First Defendant's Letters of Administration de Bonis Non") issued under Shah Alam High Court Originating Summons No 31NCvC-143-11/2013 ("SAHC OS 143") is null and void and of no legal effect whatsoever; and

(2) an Order that the Third Defendant be directed to cancel the transfer of the % undivided share in a piece of land which forms the subject-matter of the instant Suit from the First Defendant to the Second Defendant forthwith.

[2] The primary contestation in this main Suit, to all intents and purposes, is between the Plaintiff and the Second Defendant. The Plaintiff's case is evident from the prayers outlined in paragraph [1] and the Second Defendant's case is premised on the ground that it is a bona fide purchaser for valuable consideration and had thus acquired an indefeasible title over the Land.

[3] As the main protagonists have filed interlocutory applications, the determination of the core issues in the main Suit will have to take a back seat for the time being.

[4] The first interlocutory application is by the Second Defendant (in Enclosure 27). This Notice of Application of 26 December 2023 seeks to strike out the Plaintiff's Amended Writ (in encl 8) and Amended Statement of Claim (in encl 11) dated 8 September 2023 and/or alternatively that the Second Defendant be removed as a party from the Amended Writ and Amended Statement of Claim and cease to be a party in the main Suit. These reliefs are sought pursuant to O 18 r 19(1)(a) and/or (b) and/or (d) and O 15 r 6(2) of the Rules of 2012 respectively.

[5] The second interlocutory application on 19 April 2024 is a Notice of Application (in encl 53) by the Plaintiff, seeking to amend his Amended Writ and Amended Statement of Claim. This application is made pursuant to O 20 r 5 of the Rules of 2012.

[6] This decision pertains to the application in encl 53.

The Essential Issues

[7] In dealing with the Plaintiff's application to amend his Amended Writ and Amended Statement of Claim, the issues for determination are:

1. Whether there has been inordinate delay on the part of the Plaintiff in making this application;

2. Whether the Proposed Amendments is bona fide;

3. Whether the Proposed Amendments will change the character of the pleaded case; and

4. Whether the Proposed Amendments will prejudice the Second Defendant and cannot be compensated by costs.

The Proposed Amendments

[8] Altogether there are six Proposed Amendments in encl 53.

[9] The First Defendant has not entered an appearance to the main Suit.

[10] The Third Defendant has, by way of a letter dated 6 May 2024, informed this Court that it has no objection to the Amendment Application.

[11] The Second Defendant is not objecting to the 1st, 2nd and 5th Proposed Amendments, and is only objecting to the 3rd, 4th and 6th Proposed Amendments.

[12] Hence, this Court shall only examine and consider the 3rd, 4th and 6th Proposed Amendments.

[13] The Proposed Amendments for consideration are as follows:

3rd Proposed Amendment: insertion of the underlined sentence.

6. The Plaintiff's grandmother, Choo Lin Cheong (f), was the registered owner of a ¼ undivided share in a piece of land held under Grant No 4010 (now known as 60391) Lot. No 1, Section 10, Ampang Town, Ulu Langat District, having an area of 3 acres 2 rods and 14 poles ("the Land"), whilst his great grandmother, Shum Poh Sum @ Sam Poh San (f), was the registered owner of the balance of ¾ undivided share in the Land. The Plaintiff is an administrator and beneficiary of the Estate of Shum Poh Sum @ Sam Poh San (f), which estate includes the balance ¾ undivided share in the Land.

4th Proposed Amendment: insertion of the following words and sentences in paragraphs 20, 22 and 24 of the Statement of Claim.

20. The Shah Alam High Court had caused to be iss