JUDGMENT

Suffian LP J:

The United Malayan Banking Co. Ltd (plaintiff in the lower Court and appellant before us) gave an overdraft to a firm, Sharikat Chin Tong (1967). To secure the overdraft, on 27 April 1968 three partners of the firm deposited with the bank documents of title relating to their lands.

The firm did not pay the whole or part of the amount of the overdraft. On 13 April 1970 the bank filed a suit against the firm in the High Court ut Kota Bharu, Civil Suit No. 30 of 1970, out of which this appeal arises. The bank in their statement of claim alleged that the firm was indebted to it in a specified sum. The bank made no mention of any lien.

The firm did not appear. On 18 January 1971 the bank obtained judgment in default against the firm. On 1 January 1972 the bank obtained a writ of seizure and sale and prohibitory orders relating to these lands.

On 22 April 1972 six interveners (the first six respondents before us) applied to set aside the prohibitory orders relating to 14 specified pieces of land. On 17 January 1973 another intervener (seventh respondent before us) made a similar application relating to part of one piece of land which he claimed he had bought tog