JUDGMENT

Chang Min Tat J:

In Civil Suit No. 232 of 1967 instituted on 12 May 1967, the plaintiff sued for (i) a declaratory order that three charges executed by the plaintiff in favour of the defendant over a certain piece of land were void and unenforceable as against the plaintiff, the defendant being an unlicensed moneylender, (ii) an order for the return of the issue document of title, and (iii) an order that the Collector of Land Revenue, Kuala Kangsar, cancel the entries of such charges in the land register.

Prior to the institution of the action in the High Court, the defendant had applied, in Foreclosure Application No. 5 of 1966, to the Collector of Land Revenue, Kuala Kangsar, under s. 260 of the National Land Code for sale of the land. The application came up for hearing on 5 June 1967, on which date the hearing was adjourned to 20 June 1967, it being suggested to the plaintiff that he should, in the meantime, apply to the High Court under s. 447 of the National Land Code.

Acting on this suggestion, the plaintiff by his solicitor on 8 June 1967, took two courses. In the first place, he applied by registered letter under s. 28(2) of the National Land Code for a postpone