JUDGMENT

Gopal Sri Ram JCA:

[1] The only issue in this case is whether the respondent's application for an order for sale is barred by limitation. The facts - about which there is no dispute - are as follows.

[2] In 1984, the respondent's predecessor in title lent a sum of about RM300,000 to the appellant. The loan was secured by a charge over the appellant's land. The last repayment that the appellant made towards that loan was as long ago as 28 January 1986. By a notice dated 17 August 2000 in Form 16D of the National Land Code ("the Code"), the respondent made demand of the loan and accrued interest. Nothing was forthcoming from the appellant. So, the respondent took out an application under s. 256 of the Code seeking an order for sale of the subject land. It is the appellant's case that the foreclosure proceedings are barred by limitation since the loan had remained inactive for more than six years and the respondent had taken no proceedings to recover the same. The High Court ruled against the appellant and he appealed to this Court which dismissed the appeal.