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1988 MarsdenLR 107

HIGH COURT MALAYA, IPOH
BANK BUMIPUTRA MALAYSIA BHD. – Appellant
Versus
MAHMUD HJ. MOHAMED DIN & ANOR – Respondent


JUDGMENT

Peh Swee Chin J:

In this case, the plaintiff, (hereinafter called the chargee), chargee of 5 pieces of land described in this originating summons, applied to the Court for an order that the same be sold by public auction and for other consequential orders and directions. The defendant (hereinafter called the chargor), opposed the same. Before the hearing of the originating summons herein, the intervener, applied and was allowed to intervene in the proceedings on the ground that she was a purchaser of one of the 5 pieces of land in respect of which an order for sale by public auction was being sought by the chargee.

In the result, the chargee's claim was granted in terms of the originating summons over the objections of both the chargor and intervener. Only the intervener has now appealed and I will now give my grounds of judgment only with regard and specific reference to the points raised by the intervener's Counsel before me.

The first point taken was that the statutory notice of default in form 16D issued under s. 254 of National Land Code was defective because though it, inter alia , mentioned that the breach of a provision of the charge had continued for a period of 7 d

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