JUDGMENT

Gopal Sri Ram JCA:

This appeal raises a short but important point relating to the law governing personal insolvency. We heard this appeal on 22 April 1996, and, at the conclusion of arguments, allowed it. Our reasons for doing so now follow.

The relevant facts may be shortly stated, and we will, for convenience, refer to the respondent as "the creditor" and the appellant as "the debtor" respectively.

On 13 February 1990, the creditor obtained judgment against the debtor in the sum of RM337,812.25. Acting on this judgment, the creditor, on 18 March 1991, caused to be issued from the registry of the High Court at Kuala Lumpur, a bankruptcy notice for the judgment sum. That notice was duly served upon the debtor who made no response to it. By the terms of the Bankruptcy Act, 1967 , which is the law governing personal insolvency, the debtor committed an act of bankruptcy. This entitled the creditor to present a petition to have the debtor adjudicated as a bankrupt.

On 10 June 1991, the creditor presented a petition against the debtor. Paragraph 1 of that petition reads as follows:

That the said debtor is domiciled in the Federation or in any state or within one (1) year be