Abdul Hamid Mohamad CJ:

[1] It began on 11 April 1988 when Hong Leong Finance Berhad which subsequently became known as Hong Leong Bank Berhad (Hong Leong) filed an Originating Summons No: S6-31-958-88 in the High Court at Kuala Lumpur, for an order for sale. (This originating summons was later registered at Shah Alam High Court as Originating Summons No: 24-391-1990). The defendants in the originating summons were Wong Cham Mew, Low Chin Pau as trustee of the Estate of Low How Siew, deceased, and Tech Lay Realty Sdn Bhd (in Liquidation) (Teck Lay Realty). The order for sale sought was in respect of land comprised in Certificate of Title No: 23316, Lot No: 1996, Mukim of Semenyih, which was held under Hong Leong's lien-holder's caveat, Presentation No: 4556/81 Jilid 9 Folio 196. This was sought to satisfy the sum of RM5.5 million due and owing by Park Avenue Homes Sdn Bhd (Park Avenue), the borrower, and secured by the said lien-holder's caveat.

[2] On 9 August 1991 Wan Yahya J (as he then was) made the order for sale. There was no appeal against the order for sale. Hence there was no grounds of judgment. The land was successfully auctioned on 16 November 1991. The certificat