Jeffrey Tan J:

Essentially, this is the plaintiff/chargee's application (encl. 2) for an order for sale, under s. 256 of the National Land Code 1965 (Code), of the 2nd defendant/3rd party chargor's land held under Geran 21213 for Lot 426, Seksyen 4, Bandar Georgetown, Daerah Timur, Pulau Pinang (hereinafter referred to as the said land).

The pertinent background facts, as could be expected in a charge action, are as follows. As said, the 2nd defendant is the registered proprietor of the said land. The plaintiff agreed, by an agreement dated 21 December 1996 (exh. "CCH2") between the plaintiff as lender of the one part and the 1st defendant as borrower of the other part, and in consideration, inter alia, of the security of a third party first legal charge over the said land, to grant various banking facilities, subject to the limit of RM5,700,000, to the 1st defendant. Pursuant to the terms of said agreement, the 2nd defendant created, on 21 December 1996, a third party first legal charge (Gadaian bertarikh 21 December 1996 Perserahan No. 24564/96 Jilid 721 Folio 6) over the said land in favour of the plaintiff. By the same said charge, the 2nd defendant as principal deb