Abdul Malek Ahmad J:

[1] The Hollywood Hotel had been operating at Nos 72, 74 and 76 Chamberlain Road, now Jalan CM Yusof, in Ipoh since 1958 and now, as the seventh respondent, had been sued with six others, who are its managing partners, by the appellant, its new owner who runs Rahman Restaurant next door at No 78, for failing to quit the premises when asked to do so by him on 22 April 1993. The second respondent had never participated in the proceedings at any stage.

[2] For this appeal, the issue appeared to be simple enough and that is whether the respondents should be allowed to amend their pleadings at this juncture.

[3]Order 20 of the Rules of the High 1980 provides for amendments to be made to the writ and pleadings once at any time before the pleadings are deemed to be closed without the leave of the Court and also for the Court to allow at any stage of the proceedings any party to amend their pleadings on such terms as to costs or otherwise as may be just and in such manner as it may direct.

[4] By a sale and purchase agreement dated 22 September 1992, the appellant had purchased premises Nos 72, 74, 76, 78, 80, 82, 84, 86, 90, 92 and 94 Jalan C.M. Yusof from Loke W