Low Hop Bing J:

Application

This is an application by the plaintiff for an order for sale to enforce a charge under s. 256 of the National Land Code. The facts of the case are simple and straightforward. The first defendant has obtained from the plaintiff a term loan of RM253,600. Both the defendants were the registered proprietors of the land which was duly charged to the plaintiff by way of security for the said term loan. The charge was accordingly registered in the relevant land office. Consequent upon repeated defaults in the repayment of the said term loan, the plaintiff commenced the instant charge action against the defendants. For the purposes of this judgment a reference to an Order and a rule is a reference to that order and rule in the Rules of the High Court 1980.

Submission For The Defendants

Encik G. Ganesan, learned counsel for the defendants, raised several preliminary objections to the charge action before dwelling upon the merits of the case.

His preliminary objections were based on the following grounds:

1. The plaintiff's affidavit in encl. (2) in support of the originating summons in encl. (1) "does not contain jurat as required according to O. 41 r.