Nik Hashim JCA:

Background

There are two appeals before the court and both of them raise identical issues. In the circumstances, the parties have agreed that the decision in respect of Civil Appeal No. W-02-156-2002 binds the parties in respect of Civil Appeal No. W-02-157-2002. The court acceded to the agreement.

The appellant (the 1st defendant) filed an application before the learned judge in chambers for amendment by inserting a new para. 13 in its statement of defence pursuant to O. 20 r. 5 of the Rules of the High Court 1980 (the RHC). The application was dismissed. Hence this appeal.

The facts that led to the application by the 1st defendant are that the respondent plaintiff commenced a civil action in the High Court against the 1st defendant and one Hamidah as the 2nd defendant. As against the 1st defendant, the plaintiff alleged that the signatures on 117 cheques with a total face value of RM483.591.21 (Civil Appeal No. W-02-156-2002) and on 154 cheques with a total face value of RM1,244,255.72 (Civil Appeal No. W-02-157-2002) were forged by the 2nd defendant. Therefore, the aforesaid sums were wrongfully paid out from the plaintiff's account by the 1st defendant.