Mokhtar Sidin JCA:

The present appeal arose from an application by the respondent by way of a summons-in-chambers dated 23 August 1996. The application stated in the summons-in-chambers is as follows:-

1. That the Petitioner be granted leave to amend the Creditors Petition and all subsequent proceedings by amending the name of 'Standard Chartered Bank' to 'Standard Chartered Bank Malaysia Bhd' and as per the amendments underlined in red in the annexture, annexed to this Summons in Chambers and marked as Annexture 'A'.

2. That the Petitioner be granted an extension of time to file an Affidavit Verifying the Amended Petition affirmed by an officer of the Standared Chartered Bank Malaysia Bhd.

Both the senior assistant registrar and the learned judge allowed the application. We have dismissed the appeal earlier. We now give our reasons for doing so.

The affidavit in support of the application disclosed that Standard Chartered Bank obtained judgment against the appellant on 13 June 1987. On 6 August 1992, Standard Chartered Bank made a request for the issuance of a bankruptcy notice when the appellant failed to pay the judgment sum obtained on 13 June 1987. Pursuant to that re