This is an application by the third and fourth defendants to set aside judgment in default of appearance obtained by the plaintiff on 20 December 1984 against them.

The application was heard in chambers. After reading the affidavits and after hearing the submissions of counsel for the defendants and for the plaintiff, I dismissed the application with costs.

On the application of counsel for the defendants, I adjourned the matter into open court for further argument.

After the hearing in open court, Mr Chandran, counsel for the defendants, conceded that the judgment obtained by the plaintiff was a regular judgment. The question for the court to consider now is whether there is an affidavit of merits, that is an affidavit stating facts showing a defence on the merits. ( Evans v Bartlam [1937] AC 473 and Bank Bumiputra Malaysia v Majlis Amanah Ra'ayat [1979] 1 MLJ 23.

On the question of defence on the merits, Mr Chandran asked the court to consider only one point, viz the question of undue influence. Before considering this point I think it is relevant to set out the facts briefly.

The plaintiff is at all material times a banker carrying on business at its head office