JUDGMENT

1. This is an application by the plaintiff by Summons In Chambers dated 29.8.2008 (Enclosure 57) to re-open the plaintiff's case in order to call En. Khairul Salleh bin Ibrahim, the lawyer, who had prepared the transfer documents (Form 14A) (exhibit P2A-D) of the National Land Code 1965 and witnessed the execution of the same in respect of the two pieces of land, namely, GM 1688 Lot 5270 and GM 1689 Lot 5271 in the Mukim of Hutan Meiintang, being the subject matter of this case (hereinafter referred to as 'the said land'). The said summons in Chambers is supported by an affidavit (Enclosure 58) affirmed by the plaintiff on 26.8.2008. The said application (Enclosure 57) is opposed by the defendant who had filed an affidavit in reply (Enclosure 61) to which the plaintiff had filed the affidavit in reply (Enclosure 62) .

2. In order to decide this application (Enclosure 57) , this court has to refer, inter alia to some of the salient points and the notes recorded by this court during the main trial and during the course of the submissions pertaining to this application (enclosure 57) by both counsels on 8.10.2008 where this court had brought to the attention of both counsels,