JUDGMENT

PS Gill FCJ:

Before us is an application by way of notice of motion made pursuant to r. 137 of the Rules of the Federal Court 1995. The applicant, Kobchai Sosothikul, is the substituted party for his late mother Boonsom Boonyanit @ Sun Yok Eng the former registered owner of parcels of land known as Lots 3606 & 3607 Mukim 18, Tanjung Bungah, Penang ('the said lands'). One of the orders sought for in this application is 'that the judgment of this Honourable Court pronounced on 22 December 2000 be set aside and that this appeal be re-heard by this Honourable Court on a date to be fixed'.

On 22 December 2000 this court delivered its judgment ('the main judgment') in an appeal by the respondent in this application whereby it was held, inter alia, that in view of the proviso in sub-section (3) of s. 340 of the National Land Code any purchaser of land in good faith and for valuable consideration is excluded from the application of the substantive provision of sub-section (3) thereof. Thus, he obtains an immediate indefeasible title even if the instrument of transfer is forged. Accordingly this court held that 'on the facts of this case', the appellant ('the respondent herein') ob