JUDGMENT

Abdul Kadir Sulaiman J:

[1] The 1st plaintiff appeals to the Judge in Chambers against the decision of the learned Deputy Registrar striking out his writ of summons issued against the defendant with costs. The learned Deputy Registrar made her decision which arose out of the defendant's summons in chambers filed on 15 October 1993 in encl 12 on the grounds that the 1st plaintiff being an undischarged bankrupt has no locus standi to commence and/or maintain this action in his name as he has not obtained the prior sanction of the Official Assignee to do so. However, before hearing the appeal, the defendant raised a preliminary objection on a point of law. The learned Counsel for the defendant contends that the 1st plaintiff is disabled from employing an advocate and solicitor to represent him in the action unless a prior sanction of the Official Assignee to do so is first obtained. In this action the 1st plaintiff engages Mr Ernest Chua of Ernest Chua & Company to represent him. This judgment is in relation to that preliminary objection raised.

[2] The learned Counsel for the defendant cited the case of Khoo Kim Hock [1994] 2 MLJ 29 in support. In that case a Counsel brought an