Edgar Joseph Jr FCJ:

Preliminary

[1] This appeal arose out of an unsuccessful chargors' application by way of summons-in-chambers to set aside an order for sale, made pursuant to s 256(3) of the National Land Code 1965 ("the Code"), of certain charged land comprised in Temporary Certificate of Title No HS (D)628786 PT No 2695 (Plot No 1723) Mukim Sungei Pasir, Daerah Kuala Muda Kedah ("the Land") and consequential orders which included an order for vacant possession, on the ground that they had not received prior notice of the date of adjourned hearing of the chargee's application to enforce the charge concerned ("the charge"), contrary to O 83 r 2(4) of the Rules of the High 1980.

[2] The history of the matter which called for the consideration of the Court may be shortly stated.

[3] As already noted the chargees who are the first respondents to this appeal had on 8 March 1991, pursuant to s 256(2) of the Code commenced proceedings by way of originating summons in the High Court, holden at Penang to enforce the charge created in their favour by the chargors who are the appellants herein. The second respondent to this appeal was the purchaser at the judicial sale ("the purchas