JUDGMENT

Suria Kumar Dj Paul JC:

Introduction

[1] This is an appeal against the decision of LSJ dismissing the Appellant/Plaintiff's application to add three new (3) Defendants and to amend her Writ and Statement of Claim in consequence of the proposed joinder.

[2] The Respondents/Defendants opposed the said application.

[3] Parties will be referred to as the Plaintiff and Defendants respectively.

Background Facts

[4] The Plaintiff is a shareholder in the 1st Defendant company and the 2nd Defendant is a director of the 1st Defendant company.

[5] The Plaintiff and 2nd Defendant are husband and wife and they are separated. The divorce proceeding between them is pending.

[6] Plaintiff's cause of action against the 1st and 2nd Defendants is for the return of the sum RM 259,500.00 that she had loaned to the 1st Defendant at the request of the 1st Defendant from time to time.

[7] In the alternative, the Plaintiff's cause of action against the 2nd Defendant is for the return of the loan repayment sum of RM192,750.00.

[8] According to Plaintiff, the repayment sum of RM192,750.00 made by the 1st Defendant towards the loan which the 2nd Defendant received via instalment payments purportedly on her beha