Mohd Noor Ahmad J:

This is an appeal by the plaintiff against part of my decision which allowed it to discontinue the action against the 2nd, 3rd and 4th defendants but without liberty to file fresh action against them.

The plaintiff sued the defendants for the sum of RM269,636.29 being the balance of payment and interests for goods sold and supplied to the 1st defendant. Under a letter of guarantee dated 1 April 1996 the 2nd, 3rd and 4th defendants were guarantors up to the limit of RM200,000. The plaintiff applied for summary judgment against the 1st defendant in the sum of RM259,321 with interests and against the other defendants in the sum of RM200,000 with interests. The learned Senior Assistant Registrar dismissed the application with costs. On appeal by the plaintiff to the judge-in-chambers, the appeal was allowed and judgment entered against the 1st defendant with costs; however, the appeal against the other defendants was dismissed with costs as there were issues to be tried.

The main issue to be tried was whether the notice of demand made on each of them was valid? The facts revealed that the notice of demand asked for the sum of RM255,197.08 and whereas the amo