Mohd. Azmi FJ:

This is an appeal from the dismissal of an application under O. 20 r. 5, Rules of the High Court 1980, for leave to amend the amended statement of claim after pleadings had closed but before the commencement of actual trial.

By the amended statement of claim dated 22 May 1980, the appellants as judgment creditors of the first respondent, sued the four respondents for an order that a debenture issued on 24 November 1977 by the first respondent in favour of the second respondent, be declared null and void. Although the debenture was purportedly issued to secure a principal sum of six million Singapore dollars which was alleged to be due from the first respondent to the second respondent, it is pleaded that no such debt was in fact owing to the second respondent, and even if there were such a debt, everything had been settled prior to the date of issue of the said debenture and as such the 1977 debenture was null and void for lack of consideration. The appellants also challenged the validity of a charge created by the first respondent in November 1977 in favour of the second respondent, over a piece of land at Batu Tiga, Selangor, pursuant to the said debenture