Abdul Hamid Mohamad FCJ:

In this appeal, the appellant was the judgment debtor and the respondent was the judgment creditor, in the High Court.

The respondent had filed a creditor's petition against the appellant. The appellant filed an application to strike out the petition and the affidavit verifying petition. The application was dismissed by the senior assistant registrar. The appellant appealed to the judge in chambers who dismissed the appeal. The appellant appealed to this court.

Before us only two grounds were raised. We shall confine ourselves to those issues only.

The first ground is that the creditor's petition was not dated.

From the record, we see that at the bottom of p. 2 of the petition the date was written thus:

Bertarikh pada 3 haribulan S 1999.

It is clear that number "1" and some letters are missing before number "3" and after letter "S", respectively. However, on the next page (p. 3) below the "Pengindorsan" the date was clearly written as "Bertarikh pada 13 haribulan September 1999". Further, the precipe chop on p. 1 of the petition clearly shows the date of filing as "13 September 1999".

This ground is a non-issue. It is clear that the petition was da