The plaintiff company, under liquidation, sued the 3 defendants on a loan. The plaintiff company is a limited company. The plaintiff in the summons in the Sessions Court is cited as follows-

"Kosmopolitan Credit & Leasing - Plaintiff

Sdn Bhd

(Dalam Pembekuan)

[3]

(Penerima dan Pengurus dilantik)"

The title shows that the plaintiff is being wound up and that a Receiver and Manager (or Receivers and Managers) had been appointed to commence this summons.

The summons was filed on 2.3.92 and the 3 defendants filed an application to strike out the summons. The ground relied on is that an order for the winding up of the plaintiff had been made on 16.5.91 and that a liquidator had been appointed. This was raised in the defences of the 3 defendants and the affidavit by one of them. The affidavit referred to a letter by the previous firm of solicitors of the plaintiff stating that the solicitors were acting on the instruction of the Receivers and Managers and that the Receivers and Managers "have derived their authority to initiate the above proceeding from the liquidator."

In his affidavit in reply Ler Cheng Chye stated he and Lum Tuck Cheong were appointed to claim the debts of th