JUDGMENT

KL Rekhraj J:

The petitioners filed a petition in court against the respondent on 3 September 1999, averring that the respondent company was indebted to the petitioner in the sum of RM1,430,000 (excluding interest) worked up as at 21 May 1998; being the balance of the purchase price payable over the property held under H.S.(M) 32832 P.T. No. 32672 Mukim of Ampang with a four-and-a-half storey shophouse erected thereon and better known as Lot 14, Jalan Perdana 10/12 Pusat Perdagangan Tasik Perdana, 55300 Kuala Lumpur.

The said petition was signed by FY Poh & Co as solicitors for the petitioners. At the hearing of the petition the respondent solicitors took two preliminary objections:

(i) that the affidavit in verification in support of the petition was not served on the respondent;

(ii) that the said petition was not signed by the petitioner themselves - as a limited company; but instead was signed by the solicitors of the petitioners; and this amounted to a material defect, not curable by the court under its inherent discretionary powers; and as such it should be struck off.

Upon hearing the arguments, I dismissed both the preliminary objections and my reasons for dism