Gill FJ:

This is an appeal by the second defendant in the action from a judgment of Mohamed Azmi J whereby the plaintiffs, the Safety Insurance Co. Ltd., obtained a declaration that they were entitled to avoid their contract of insurance effected by their policy of insurance No. PC/729881 in respect of the first defendant's Morris Minor car BF1513 for the period 1 March 1966 to 28 February 1967. They also obtained a further declaration that apart from any provision contained in the policy they were entitled to avoid it under s. 80(3) of the Road Traffic Ordinance, 1958 on the ground that it was obtained by the non-disclosure of material facts or by a representation of facts which were false in some material particular.

To begin with, the first defendant was named as the sole defendant to the action. He took no steps to defend it after the writ had been served on him by substituted service. The second defendant had himself added as a party interested in the action in that he as the father and next friend of Tan Ah Beng, an infant, had brought an earlier action against the first defendant for the recovery of damages in respect of personal injuries sustained by the said T