Vincent Ng Kim Khoay J:

This was an application under Notis Usul (Encl.73) by the defendant for the order for sale dated 27 May 91 (Encl.41), of a piece of land situated in SPK 5541 No. Lot 2468 Mukim Sungai Petani, Kedah, made pursuant to s 256 of National Land Code (the Code) for the recovery of RM7,413,114.17 due and outstanding as at 27 May 91 from the defendant to the plaintiff, to be set aside with costs.The application was based on the solitary ground that the High Court was not clothed with jurisdiction to make an order for sale in respect of a Mukim title.

It was not disputed that:

(a) The subject matter of the order for sale concerned a Mukim or Land Office title which fell within the jurisdiction of the Kuala Muda District land administrator.

(b) The said order for sale made by the High Court was made under s 256 of the Code .

(c) This order was granted on 27 May 91 after the Court had heard both parties (who were then represented by Counsel) in which the point concerning its lack of jurisdiction was not taken by the defendant, until now, over 3 years later.

(d) Though the defendant had appealed to the Supreme Court against the order for sale it was not grounded