Low Hop Bing J:

Preliminary Objection

[1] At the outset of the hearing of foreclosure proceedings by way of an originating summons in encl (1) commenced by the plaintiff on 11 February 1999 against the defendant on the basis of a registered charge over landed property pursuant to s 256 of the National Land Code (NLC) ("registered charge"), En Thakurdas Jethwani, learned counsel for the defendant, raised a preliminary objection on the ground that the plaintiff has failed to comply with the vesting order (together with all the consequential amendments) ("the vesting order") made in favour of the plaintiff in the Kuala Lumpur High Court No D9-24-27-2001. The defendant seeks an order that the plaintiff's said originating summons be struck out or stayed until the plaintiff has fully complied with the vesting order. In other words, it is said for the defendant that the plaintiff cannot proceed with the originating summons unless and until the registered charge has been registered in the name of Malayan Banking Bhd, which he added must be done by filing the vesting order with the appropriate land authority. For the purpose of this judgment, a reference to the vesting order shall inc