Mohamed Dzaiddin J:

Decision on Enclosure 14

This is an application by the plaintiffs for leave to amend their writ of summons indorsed with the statement of claim under O. 20 r. 5(1) of the Rules of the High Court 1980.

Mr. Gerard Chan, Counsel for the 2nd defendant objected to this application as affecting his client. One would have thought that since the decision of the Federal Court in Yamaha Motor Co. Ltd. v. Yamaha Malaysia Sdn. Bhd. & Ors. [1983] CLJ (Rep) 428 any application for amendments made in our Courts would as a matter of course be granted. Alas, this is not so and we shall shortly see why in the present application it should not be so.

Let me briefly state the background to the present application. On 27 May 1986 the plaintiffs commenced an action against the defendants for a declaration that the sale of a piece of land known as Lot 2841, Mukim 13, North East District, Penang ("the said land") to the 1st defendant was null and void and that they are the owners of the said land free from any charge registered in favour of the 2nd defendant. It will be seen from their statement of claim that their claim and the prayer seeking relief against the 2nd defendant