Gunn Chit Tuan SCJ:

We dismissed this appeal with costs and ordered that the deposit be paid to one Dr. Jamaludin bin Dato' Mohd. Jarjis (the respondent) to account of his taxed costs and now give the reasons for our decision.

The issue in this case was whether the respondent should be allowed to intervene in Civil Suit No. C 2870-84 between Arab Malaysian Merchant Bank Berhad (the appellant) and Azam Murni Sdn. Bhd. and one Mohamed Mazlan bin Idris (the judgment debtors). The appellant had on 18 February 1985, obtained judgment in default of appearance against the judgment debtors in the said civil suit for a sum of RM82,475.70 together with interests at 0.5% per day calculated from 1 April 1984, to date of realisation and RM225 costs. When a demand was made on the judgment debtors, the respondent undertook to settle the judgment debt by monthly instalments of RM3,000 each in consideration of the appellant refraining at his request from enforcing the judgment against the judgment debtors. A letter of undertaking dated 10 December 1986, was executed by the respondent before an advocate and solicitor. (See p. 33 of the appeal record). The respondent kept up with his instalm