Chang Min Tat FJ:

This appeal is concerned with the jurisdiction of a Judge to alter, vary or set aside a judgment regularly obtained, drawn up and perfected.

The order in question was an order for sale made in a foreclosure proceeding. The originating summons was duly served on the chargor, together with copies of the charge and the notice of demand under s. 148 of the Land Code which were annexed to the affidavit in support as exhibits. The charge was to secure the repayment of a loan made to a firm known as the Tukang Firma Perabut dan Binaan and appeared to be executed by a Sahari as chargor before an advocate and solicitor practising at Miri. It is to be observed that the identity card number of the purported chargor was not recorded on the charge.

The respondent to the foreclosure proceeding filed an affidavit in which he denied that he executed the charge on the day claimed and asserted that he could not have done so since on that day he was out at sea on board a boat, heading towards Kota Kinabalu.

The respondent also averred that he had issued out a writ against the proprietor or partner of the firm and the chargee bank for a declaration that his land was freed from th