JUDGMENT

Tee Ah Sing J:

In this originating summons Choo Meng Chiong is the 1st defendant and the official assignee, is the 2nd defendant.

In para. 3 of the affidavit of Chieng Huo Hie affirmed on 19 February 1998, it was averred that by a memorandum of charge dated 10 June 1997 executed by the defendant and the plaintiff and registered as Instrument No. L.6746/97 at the Sibu Land Registry Office on 11 June 1997 the defendant charged his land mentioned in the schedule thereto to the plaintiff as security for the repayment of the sum of RM60,000 advanced by the plaintiff to the defendant.

The amount outstanding and due to the plaintiff including interest as at 30 November 1997 was RM63,272.14.

Before the hearing commenced, the representative from the official assignee raised an objection. He submitted that in view of s. 8(1) of the Bankruptcy Act 1967 ("the BA") and in view of the High Court decision of Malayan Banking Berhad v. The Official Assignee (Receivers of the estate of Velu Marimuthu (bankrupt)) [1993] 2 AMR 48, the official assignee need not be named as a party for the foreclosure action but only the official assignee need to be extended a copy of such proceeding. The q