Transaction whereby property is sold or transferred by judgment debtor to his close relatives in order to avoid payment of maintenance allowance ..........

  2023 CLC 1750

Transaction whereby property is sold or transferred by judgment debtor to his close relatives in order to avoid payment of maintenance allowance against decree passed in favour of his wife and children, is a sham transaction and the said transaction and any superstructure built on the same cannot be sustained. No prejudice has been caused to the petitioner by not impleading him as party as he would not have any better title than the person from whom title was transferred in is favour and any defence taken by the petitioner would not cure the defect in the title of his predecessor in interest. The grounds raised by the petitioner are not sufficient for setting aside the impugned orders through application under Section 12(2) of C.P.C. because for that purpose the applicant in addition to above mentioned grounds including ground of not being impleaded as a party was also required to establish that he was not impleaded fraudulently, by misrepresentation or Court lacked jurisdiction in the matter as provided under Section 12(2) C.P.C., which has not been done. Through application under Section 12(2) C.P.C. decree could be set aside only on the grounds stated in the said Section and where no case of fraud or misrepresentation or lack of jurisdiction was made out, the application under the said Section was not maintainable and merited to be dismissed