Siti Norma Yaakob J:

Judgment in default of appearance was entered against the 2nd defendant in this suit on 4 December 1986 and on an application to have that judgment set aside, he raised the following issues.

1. That he has not been served with the writ and statement of claim.

2. As a guarantor, there was no proper demand made to him.

3. That he only signed blank copies of the two guarantees on which he is not being sued.

From the affidavit of service, it is very clear that the 2nd defendant was personally served with the writ and statement of claim on 23 July 1986. At the time of service the 2nd defendant admitted that he was the person named as the 2nd defendant in the suit but he however refused to acknowledge receipt of the writ and statement of claim and by his very conduct I consider that he cannot now claim that he has not been served with the writ and statement of claim.

The 2nd defendant is sued on 2 guarantees, the first dated 15 May 1984, the second dated 15 June 1984 but for completeness, the presence of a third guarantee executed by him dated 15 September 1984 is also mentioned in the pleadings. There is a limit of RM20,000 expressed in the first guarantee and it