JUDGMENT

Haji Abdul Kadir bin Sulaiman J:

This is an application by the plaintiff by way of a notice of originating motion dated the 24 November 1993 made pursuant to O. 8 r. 3 of the Rules of the High Court 1980 (hereinafter referred to as "the RHC") for an order that the two orders made in chambers by Denis Ong Jiew Fook J. dated the 9 March 1992, and by the Senior Assistant Registrar dated the 4 March 1993 in Miri High Court Originating Summons No. MR.46 of 1987 (hereinafter referred to as "the impugned orders") be jointly and severally discharged or set aside. In the alternative, the plaintiff prays for a declaration that the impugned orders are ultra vires and null and void. The grounds given for the application are that the impugned orders:

(1) were beyond the powers and jurisdiction of the learned Judge and Senior Assistant Registrar; and (2) were not made in accordance with the law and are contrary to and in conflict with the terms and conditions specified in s. 150(1) and s. 152 of the Sarawak Land Code (Cap 81), (hereinafter referred to as "the Code").

On 14 March 1988 the Court ordered that the plaintiff's land the subject matter of a charge be sold by public auction p