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1999 MarsdenLR 1485

ABDUL KADIR SULAIMAN
MAE SDN BHD – Appellant
Versus
PERWIRA HABIB BANK MALAYSIA BHD KUALA TERENGGANU – Respondent


Advocates:
For the appellants - Mokhtar Ngah; M/s Mokhtar Ngah & Co For the respondents - Madam FS Lai; M/s Shook Lin & BokReported by WA Sharif

JUDGMENT

Abdul Kadir Sulaiman J:

The appellants, who are the defendants in the main suit brought by the respondents as plaintiffs, appeal to the judge in chambers against the decision of the learned senior assistant registrar (the SAR) of 14 March 1999 granting leave to the respondents to re-amend their amended statement of claim. The main grievance of the appellants is that the leave ought not to have been granted as the re-amendment relates to the amended statement of claim which to the appellants was of no effect on the ground of non-compliance with the provisions of O. 20 r. 9 of the Rules of the High Court 1980 (the 1980 Rules) it being amended beyond the period allowed by the rule without any leave being granted for them to do so. Rule 9 thereof states:

9. Where the court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the p

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