Hishamudin Yunus J:

[1] This is an application by the 1st plaintiff (Mexaland Development Sdn Bhd) by way of an ex parte summons in chambers (encl. 14) pursuant to s. 326(2) of the National Land Code 1965 for an order that a private caveat Presentation No. 831/2007 entered by the 1st plaintiff on 10 January 2007 in respect of land title held under H. S. (D) 112510, PT No. 2063, Mukim and District of Petaling, Selangor, belonging to the 1st defendant (Score Option Sdn Bhd) be extended until the settlement or final determination of this suit, or until such period this court deems fit.

[2] The present ex parte summons in chambers was filed on 2 July 2007 with a certificate of urgency. I heard this ex parte summons in chambers on 11 July 2007 and, after considering the written submission of counsel, had dismissed the application on 16 July 2007. The reason for the dismissal was that, firstly, the application should not have been made by way of an ex parte application: it should have been inter parte ; and, secondly, the applicant/1st plaintiff does not have a caveatable interest.

[3] The 1st plaintiff had entered the caveat pursuant to a clause (cl. 6) of a joint-venture cum proj