JUDGMENTBY: THOMAS, CJ

This is a reference under section 238 of the Land Code by the Registrar of Titles for the State of Selangor. The question for determination is whether a prohibitory order can be registered in respect of the beneficial interest of a person whose name is not on the register.

Section 265 of the Civil Procedure Code sets out at length the property which is liable to attachment, and includes therein all other saleable property, moveable or immoveable, belonging to the judgment debtor. So there can be no question that a beneficial interest in land can be attached. But in a number of sections of the Civil Procedure Code different procedure is provided for the various kinds of property to be attached. In the case of immoveable property the attachment is made by an order prohibiting the judgment debtor from transferring or charging the property in any way. This is made under section 275 of the Civil Procedure Code, and is known as a prohibitory order. A distinction is however made in sections 237 and 238 of the Civil Procedure Code between immoveable property and land which is registered. In the former case a description of the property is required to be given, su

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