JUDGMENT

Peh Swee Chin FCJ:

This appeal brings to light once more, two familiar questions but in somewhat different circumstances. The first of these questions is the revocability by another Judge subsequently of an order made by an earlier Judge and since perfected, and the other question is to the actual stages of a case where an objection on the point of jurisdiction of the Court can be raised by a defendant.

A brief history of the case be necessary to show how these two questions have arisen.

The appellant, the charges of a piece of land under land office title, applied by originating summons to the High Court for an order of sale of the said land owned and charged by the respondents, (hereinafter called the chargors), in favour of the appellant, (hereinafter called the chargee). It will have been noticed that the Land Administrator of the district in which the said land is situated would have been the proper authority to hear the application for an order of sale of the charged land under a land office title.

The said originating summons concerned in this appeal was duly fixed for hearing and it came up for a contested hearing inter parties in chambers on 3 September 1991, m