Zakaria Yatim J

In this application, the plaintiff sought the order of the court in terms of the following prayers:

(i) the plaintiff be given leave to issue execution and/or commence bankruptcy proceedings against the third defendant abovenamed upon the judgment herein dated 22 May 1986, notwithstanding that six years have elapsed since the date of the judgment;

(ii) that the defendants do pay the costs of and occasioned by this application; and

(iii) all other directions and orders this honourable court deems fit.

At the commencement of the hearing, Miss Sabriya Khan, counsel for the third defendant, objected to the words 'and/or commence bankruptcy proceeding in the application'. After hearing the arguments of both counsel on the objection, I ruled that I would not consider those words in prayer (i). I then proceeded to hear the application for leave to issue execution.

In this case, the plaintiff obtained judgment for a sum of RM757,808.40 with interest accruing thereon at 15%pa with monthly rests from 1 March 1985 till the date of realization, and RM350 as costs. The third defendant made a total number of six repayments during the period between 16 May 1990 and 29 Ma