Mohd Hishamudin Bin Mohd Yunus JC:

This is an application by the plaintiff for summary judgment against the second, third and fourth defendants pursuant to O. 14 of the Rules of the High Court (default judgment had already been obtained against the first defendant).

All the defendants are partners of a partnership known as "Eng Hup Seng Ricemill and Trading Company."

The plaintiff, in its statement of claim, avers that it had granted the partnership with an overdraft facility and that as of 31 October 1992, the partnership, in breach of the condition of the facility, had exceeded the limit of RM800,000 by RM356,598.78. Despite being reminded by the plaintiff to regularise the account, the defendants had failed to do so. Accordingly, the plaintiff served each of the defendants with a letter of demand demanding that the amount of RM1,156,598.78 be paid within fourteen days. The defendants failed to comply. By this action, the plaintiff claims for the said amount.

In support of its application, the plaintiff filed four affidavits, that is to say:

(a) the affidavit of Abdul Hamid bin Ku Saad affirmed on 23 August 1993 (enclosure 14);

(b) the affidavit ("afidavit pembetula