[1] On 3 February 2006, the appellant had entered into a sale and purchase agreement (the agreement) with the respondent for the purchase of a house at No 2, Tingkat Perpaduan 15, Taman Perpaduan, 31150 Ulu Kinta, Perak (the property). One of the terms of the agreement stipulates that the repayment of the housing loan shall be made by monthly instalments of RM400.00 every month until final settlement.

[2] In an action dated 7 July 2011 in which the respondent herein was the plaintiff, two orders were granted by the High Court on 21 November 2011 (the first order) and 29 August 2012 (the second order). The first order allowed the respondent to sell the property by way of a public auction under the direction of the Court. The second order fixed the reserve price of the property for the purpose of the sale at RM110,000.00. The date specified in the second order for the public auction was 29 November 2012. Both orders (the Orders for Sale) were made as the appellant was alleged to have breached the cha