This is an appeal by the defendant Kho Ah Soon, against an order dated 28 October 1991 of the Penang High Court ordering the removal of a private caveat No 5853/89, Jilid 207, Folio 56 dated 3 November 1989 lodged by the defendant against certain lands described therein, the said order having been made in pursuance of a notice of motion No 25-46-1990 dated 9 July 1990.

The order appealed from has never been extracted and in the said notice of motion, the plaintiff had asked for, in addition to the removal of the said private caveat, another order for the setting aside of yet some other order made in some other originating summons, ie the Originating Summons No 24-55-1990.

The prayer for setting aside that other order was not mentioned at all in the relevant notes of proceedings (pp 63-65 of the appeal record), and from the said notes, the court below merely made an order to the effect that the said private caveat be removed (p 64) that the caveator do pay compensation to be assessed by the senior assistant registrar (p 65), and that leave to appeal be granted (p 65). We will, therefore, confine ourselves to dea