JUDGMENT

Abdul Malik Ishak JCA:

Introduction

[1] The appellant (Everise Hectares Sdn Bhd) applied by way of a summons in chambers dated 5 July 2005 to amend the originating summons to add Fenomena Kualiti Sdn Bhd as the second defendant (hereinafter referred to as the "amendment application") and, at the same time, to prevent the proposed second defendant from taking possession or dealing with the bungalow land at Lot number DIB 21, Kelab Golf Sultan Abdul Aziz Shah, phase 2, Selangor held under a master title vide HS(D) 59439, PT no: 286, Mukim Damansara, daerah Petaling, Negeri Selangor (hereinafter referred to as the "said land").

[2] On 11 August 2006, the learned High Court judge dismissed the amendment application. Aggrieved, the appellant appealed to this Court.

[3] The respondent bank (Citibank Berhad) vehemently opposed the present appeal before us.

The Background Facts

[4] The appellant secured a housing loan in the sum of RM1.5 million for the purpose of purchasing the said land from the respondent bank. The appellant defaulted and the respondent bank decided to sell the said land by way of a public auction.

[5] On 14 February 2004, the appellant filed an applicatio