JUDGMENT

Suffian LP (read by Ali FJ):

In this appeal we are only concerned with procedure.

The plaintiffs (respondents before us) are the daughters of the late Tan Sri Khaw Kai Boh (hereinafter referred to as "the deceased") by his first wife. The first defendant (first appellant) was the second wife of the deceased and the sole executrix and beneficiary under his will. She is the beneficial owner of all the issued shares in the second defendant other than the plaintiffs' 500 shares. The second defendant (second appellant) is a private limited company, of which the first defendant is also a director.

On 31 March 1973, the plaintiffs commenced an action against the two defendants by way of a specially indorsed writ accompanied by a concise statement of claim praying for -

(1) a declaration that two purported transfers dated 20 September 1968, of shares in the defendant company to their late father were void;

(2) rectification of the second defendant company's register of members by striking out from it the deceased's name and by inserting the names of the plaintiffs as holders of those share;

(3) alternatively, as against the first defendant a declaration -

(a) that she holds