Zakaria Yatim J:

[1] This is an application by the third and fourth defendants to set aside judgment in default of appearance obtained by the plaintiff on 20 December 1984 against them.

[2] The application was heard in chambers. After reading the affidavits and after hearing the submissions of counsel for the defendants and for the plaintiff, I dismissed the application with costs.

[3] On the application of counsel for the defendants, I adjourned the matter into open court for further argument.

[4] After the hearing in open court, Mr Chandran, counsel for the defendants, conceded that the judgment obtained by the plaintiff was a regular judgment. The question for the court to consider now is whether there is an affidavit of merits, that is an affidavit stating facts showing a defence on the merits. (Evans v. Bartlam [1937] AC 473 and Bank Bumiputra Malaysia v. Majlis Amanah Ra'ayat, [1979] 1 MLJ 23.

[5] On the question of defence on the merits, Mr Chandran asked the court to consider only one point, viz the question of undue influence. Before considering this point I think it is relevant to set out the facts briefly.

[6] The plaintiff is at all material times a banker carrying o