JUDGMENT

Hamid Sultan Abu Backer JCA:

[1] There are two appeals before us related to foreclosure proceedings principally based on lien holders' caveat. The money extended by the respondent/Bank was not given to the owners of the title but was taken as security for facilities given to two third parties.

[2] The learned judge has written one judgment dealing with issues relating to the two third parties. This judgment should be read with the judgment of the High Court now reported as [2018] MLRHU 1939. The appeal 'No 1775' is related to the third party known as Pathiadass and appeal 'No 1776' is related to Hooi Chew Moi.

[3] The learned judge had written a meticulous judgment. The learned counsel for the appellants have filed an extensive submissions to demonstrate the cause to the contrary, largely relying on the principles related to charge action and foreclosures. The Memorandum of Appeals in both the appeals which is the reflection of the submission of the appellant before us is reproduced to save courts time and it reads as follows:

(a) Memorandum of Appeal 'No 1775'

"1. The Learned Judge erred in law and fact in allowing the Respondent's Originating Summons dated 2nd day of April 201