Abu Mansor Ali JCA:

This is an appeal against the decision of the High Court Kuala Lumpur on 14 April 1995 giving leave to the respondent to sell by public auction the land charged by the appellant to the respondent. We heard arguments on 21 August 1996 at the end of which we dismissed the appeal with costs.

The simple facts of the case were as follows. The appellant was the defendant (hereinafter called 'the defendant') and the respondent was the plaintiff (hereinafter called 'the plaintiff'). The defendant who was the registered owner of land held under Grant 9994 Lot 1167 Section 41, District of Kuala Lumpur (hereinafter called 'the said land') had charged the said land to the plaintiff by way of security for the repayment of a banking facility granted to the defendant. When the defendant failed to settle the amount owing, the plaintiff issued Borang 16D dated 7 September 1993 under s. 254 of the National Land Code 1965 (hereinafter called 'the Code') in order to have the land sold to realise the debt.

The defendant failed to settle the debt. Thereafter the plaintiff applied for foreclosure under s. 254 of the Code. Inspite of the defendant's objection, the learned Ju