Ramly Ali J:

Enclosure 52 is an application by the defendant (dated 18 July 2001) to set aside an order dated 14 June 1999 for sale of the defendant's land which had been charged to the plaintiff. The application is supported by an affidavit of the defendant sworn on 18 July 2001. The ground of the application as submitted by his counsel is that the said order for sale dated 14 June 1999 is invalid as the counsel who was acting for the plaintiff in the foreclosure proceeding and finally obtained the said order, was the same counsel who had attested both the plaintiff's as well as the defendant's signatures in the relevant Form 16A of the National Land Code relating to the said charge. The defendant's counsel argued that there was an element of conflict of interest.

Factual Background Of The Case

The historical and factual background of the case is that on 1 April 1998, the plaintiff filed an originating summons (videOS No: 24-55-98) for an order for sale of the defendant's land held under H.S.(D) 1287, P.T. 2031, Mukim Kuala Lipis, Daerah Lipis, Pahang which had been charged to the plaintiff, for a loan facility granted by the plaintiff to the defendant. The said land was