JUDGMENT

Ramly Ali JC:

This is an appeal to the judge in chambers against the decision of the learned senior assistant registrar (SAR) made on 19 February 2001 in dismissing the appellant's application to set aside and to cancel the citation dated 29 November 2000 issued pursuant to O. 72 rr. 7 and 8 of the Rules of the High Court 1980 (RHC).

For the purpose of this appeal, the appellant, who at the material time, was the administrator of the estate of his late father, one Yap Hong Kai (deceased), is the citee while the respondents who at the material times were the brothers and sisters of the said Yap Hong Kai (deceased), are the citors.

Brief Facts

One Yap Swee King @ Yap Swee Kim @ Yap Swee Keng (YSK) died on 2 October 1964. The appellant's late father, Yap Hong Kai (YHK) and all the citors are children of the said YSK. At the time of YSK's death, the beneficiaries were his wife, one Tan Sok Hun, and all his children (which include YHK and all the citors). On 21 May 1968, the said YHK was granted a letter of administration to administer the estate of the said YSK. However, on 1 November 1993, the said YHK died. The administration of the estate of YSK (where YHK was the administrator) was not fully completed when YHK died. The citors claimed that one of the properties of the said YSK which was not completely administered by YHK at the time of his death was a piece of land held under GM210 Lot 432 Sek. 9, Sungai Ara, Mukim Mentakab, Pahang. The said land was and is still registered under the name of the said YHK as "representative". On 2 February 1996, the appellant was granted a letter of administration to administer the estate of the said YHK. The list of assets or properties of the said estate of YHK as exhibited in the said letter of administration were: (i) land held under GM706 Lot 430 Sek. 9, Sungai Ara, Mukim Mentakab Pahang, and (ii) land held under GM210 Lot 432 Sungai Ara Pahang.

The citors claimed that the said grant of the letter of administration to the appellant was defective on the grounds that:

i. the appellant has failed to inform the court that his late father, YHK was an undischarged bankrupt at his death. An AO and RO to that effect were made against YHK on 30 April 1979;

ii. the appellant has failed to inform the court that the land held under GM706 Lot 430, Sek. 9, Sungai Ara, Mukim Mentakab, Pahang was in fact belonging to the State Government as declared by the High Court in Temerloh on 30 January 1996; and

iii. the appellant has failed to inform the court that the land held under GM210 Lot 432, Sek. 9, Sungai Ara, Mukim Mentakab, Pahang was in fact held by the said YHK, only as "representative" as the administrator of the estate of YSK.

The first citor has applied for a letter of administration 'De Bonis Non' in respect of the unadministered estate of the said YSK videMahkamah Tinggi Temerloh, Petition No: 31-26-1999 involving the said land held under GM210 Lot 432, Sek. 9, Sungai Ara, Mukim Mentakab, Pahang. The application is still pending. In the meantime, the citors intended to file a writ against the appellant to cancel or revoke the said grant of the letter of administration of the estate of YHK which was granted to the appellant on 2 February 1996. This is to stop the appellant from distributing the said properties among his brothers and sisters (children of the said YHK) and to enable the citors to claim their interest in respect of the said land which they claimed still to be in the estate of YSK which was not administered when YHK died. For that purpose and as a condition precedent before the said writ can be issued, the citors have on 31 October 2000 applied for the issuance of a citation under O. 72 r. 7 and 8 of the RHC 1980. On 29 November 2000 the court has issued the said citation, directing the appellant to bring into and leave at registry of the High Court the said letter of administration for the purpose of the citors' writ for its revocation or cancellation which will be filed and