Lim Beng Choon J:

By this originating summons dated 28 December 1987, the plaintiff applied to this Court for an order for sale by public auction of the land held under Lot 5, Seksyen 87A, Geran 5875 in the town of Kuala Lumpur (the said land) registered in the name of the defendant but charged to the plaintiff under Charge Presentation No. 9590/85 Jilid 388 and Folio 56 which presentation was duly registered by the Pendaftar Tanah Wilayah Persekutuan on 24 June 1985. The application of the plaintiff was made pursuant to s. 256(2) of the National Land Code and it had complied with the procedure for making the application as set out in O. 83 of the Rules of High Court 1980. The charge over the said land was to secure the repayment of the loan amounting to RM3,500,000 granted by the plaintiff to one Laura Hauw Soei Yong (the borrower).

In support of the application of the plaintiff for an order for sale of the said land by public auction, its Assistant General Manager filed an affidavit affirmed by him on 22 December 1987. In that affidavit the said Assistant General Manager explained about the creation and purpose of the charge, the failure on the part of the borrower to ma