- (1.) Heard learned counsel for the appellant at the admission stage.
(2.) This second appeal arises out of O.S. No.177 of 2005 filed by appellant against his mother defendant respondent for declaring the sale deed dated 20.07.2002 executed by him in favour of his mother/ defendant as void on the ground that it was executed to defraud the creditors by the plaintiff. Even the defendant did not appear but the suit was dismissed ex parte on 15.07.2006 by Civil Judge, Senior Division, Kairana, District Muzaffarnagar. Not only the suit was dismissed but show cause notice was also issued to the plaintiff and his learned counsel to show cause within seven days as to why FIR should not be lodged against them. Against the said decree, plaintiff appellant filed Civil Appeal No.30 of 2006, which was dismissed by A.D.J. Court No.9, Muzaffarnagar on 24.01.2012 hence this Second Appeal. Plaintiff further stated in the plaint that after execution of the sale deed, he had cleared his debts.
(3.) According to the Section 53, Transfer of Property Act: "Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed.";