Legal Question in Civil Rights Law in India

impleading in money suit

sir, i had advanced certain sum of money based on promissory note. Upon failure by defendants in repayment i filed a money recovery suit and also obtained order under ORDER 38 - ''attachment before judgement''. It has come to my notice now that the defendant had already alienated the petition schedule property much before i obtained the mentioned order and such transfer is in the form of GIFT DEED onto the name of her YOUNGER SON. My question to you is can i move another I.A. to implead the DONEE as a necessary party to the suit and also another I.A. to implead the DONEE in the orders already passed by the court under ORDER 38? Please clarify with relavent case law. Thank you


Asked on 10/23/08, 4:24 am

2 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: impleading in money suit

Alienation of the property to defeat the claim of creditors is void ab initio. Such transfer is mala-fide and can be got declared null and void.

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Answered on 11/02/08, 5:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: impleading in money suit

The gift deed is voidable. it can be declared a fraudulant transaction. you are thinking in the right directions. go ahead with filing I.A. to implead the donee and get the earlier extended against him also.

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Answered on 10/23/08, 5:42 am


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