Mahadev Shankar J:

The issue here is whether this Court has the power to allow a petitioning creditor to file a further affidavit verifying the contents of a bankruptcy petition where the first affidavit was affirmed before the petition was actually filed. If so whether such power should be exercised in this case.

The petitioning creditor (Tan) obtained a judgment against Lee Boon Hooi and Lee Boon Ming for RM1,500 general damages and RM14,585 for special damages and RM463.50 costs on 11 January 1989. The defendants were represented by solicitors in that suit but the solicitors absented themselves when judgment was given and again when damages were assessed.

Not a cent was paid. On 21 September 1990 a bankruptcy notice valid till 20 December 1990 was issued by this Court against Lee Boon Hooi (hereafter referred to as the judgment debtor). Three unsuccessful attempts were made in November 1990 to effect personal service on the judgment debtor at his residence in Kedah. So Tan's solicitors applied for and obtained an extension of the validity of the notice for six months from the date of expiry and an order for substituted service. The petition was advertised in theStar on 4 Fe