[1] This is an appeal by the appellant, Sadar Mohd Roshan Khan (the plaintiff in the High Court) against the decision of the Court of Appeal which had set aside the judgment of the Kuala Lumpur High Court given in his favour. He had since passed away. On 18 March 2013, his son Raja Iftikar Ahmad Khan was substituted as a party to this appeal.

[2] The High Court had allowed the appellant's claims for a declaration that Perwira Affin Bank Berhad (the respondent) was not entitled to uplift his Fixed Deposit Receipt No 049675 ('FDR') which was pledged to the respondent as security for an overdraft facility of RM300,000.00, without his consent and accordingly ordered the respondent to refund the FDR to him with interest at 8% per annum from 18 March 1993 until realisation. The High Court found that the respondent was in breach of contract by uplifting the FDR without the appellant's consent. The Court of Appeal however allowed the respondent's appeal and set aside the judgment of the High Court on the ground that the appellant's cause of action was for the tort of negligence, which it had abandoned and not for breach of contract.

[3] On 27 January 2011, the appellant was granted leave to