[1] The question upon which leave was granted to appeal against the order of the Court of Appeal in respect of the matter decided by the High Court in the exercise of its original jurisdiction, reads:

"Whether a chargor is barred from bringing a fresh civil suit against a chargee in order to raise issues which show a 'cause to the contrary' in circumstances where the chargor had not raised any such issues when it opposed the chargee's application to Court for Order for Sale of the charged property under s 256 of the National Land Code ."

[2] The background facts are as follows. The respondent, a wholly owned subsidiary of Metroplex Berhad, was the registered proprietor of land held under Geran 10012 Lot 38, Seksyen 51, Bandar Kuala Lumpur (hereinafter referred to as Putra Place). In August 1993, the respondent created a third party charge over Putra Place in favour of Bank Bumiputra Malaysia Berhad (BBMB) as Security Agent for a syndicate of banks, in consideration of credit facilities granted by the said syndicate of banks to Metroplex Berhad. On 5 April 2002, the charge was transferred to Commerce