[1] Via the writ of summons and the statement of claim, the appellant filed a suit against the respondent and sought for the following reliefs:

"(a) a declaration that the charge is not indefeasible within the meaning of s 340(2) of the National Land Code 1965;

(b) a declaration that the charge is null and void;

(c) a declaration that the charge, the instrument and the memorial are invalid;

(d) an order that the charge, the instrument and the memorial be set aside;

(e) an order that the order for sale dated 16 July 2007, the auction and other related orders in respect of the land made in the Kuala Lumpur High Court OS Proceedings (Suit No: S-24-2394-2005) be set aside;

(f) an order that the Registrar of Titles cancel the entries from the register in respect of the charge, the instrument and the memorial;

(g) costs; and

(h) such further or other orders as this honourable Court deems just and fit."

[2] By way of a summons in chambers, the respondent sought to strike out the appellant's writ of summons and the statement of claim under O 18 r 19(1)(a) and/or (b) and/or (c) and/or (d) of the Rules of the High Court 1980 ("RHC") and/or under the inherent jurisdiction of the Court, namely, under