THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.S.A NO.28 OF 2001 JUDGMENT: The Civil Miscellaneous Second Appeal is filed against the judgment in A.S.No.48 of 1987 on the file of the Court of Additional District Judge, Nellore confirming the order in I.P.No.5 of 1978. The appellant herein is the second respondent in I.P.No.5 of 1978, which was filed as a creditor’s insolvency petition on the ground that the first respondent has transferred the properties in favour of the appellant herein to defeat his debts. In the lower court a counter is said to have been filed on behalf of the appellant claiming that she purchased the property for a valuable consideration and she is a bonafide purchaser and the debt pleaded by the petitioner is not true. However, the petitioner did not go into box but the first respondent was examined and he deposed that he received the consideration. He also claims that he has got other landed properties but, however, as the existing of the other properties was not proved the petition was allowed. As against that the appeal was preferred in A.S.No.48 of 1987 and in that appeal the petitioner was not shown as a respondent and the appeal was dismissed by the learned District Judge confirming the order of the insolvency court. The appellant herein filed the present appeal with permission challenging the order of the insolvency court and also the first appellate court. According to the case of the appellant, she did not receive any summons in the insolvency proceedings and her vakalat got filed by affixing the thumb impression and an application to set aside the ex parte order was filed and it was allowed on 25-02-1987; the appeal having been filed without impleading as a party, the judgment is not valid; the question of fact as to the bonafides of the sale transaction was also not properly considered by the appellate court. Evidently, the alienation is said to have been made in favour of the appellant though it is sought to be contended by the counsel for the appellant that the creditor’s insolvency petition cannot be filed by a single creditor and it cannot be accepted in view of the decision reported in K.D.Nagappa Vs. Sannakka Alias Lakshmamma([1]). It is the strong contention of the counsel for the appellant that she never gave vakalat to anybody in the insolvency proceedings and it was all manipulated and therefore she was deprived off a fair contest. In fact there is no material to show as to how somebody is interested in filing a vakalat on her behalf without the consent and knowledge by her. In fact the first respondent filed a counter claiming that the transaction is not a fraudulent one and he received the consideration also. The counter said to have been filed on behalf of the appellant herein also clearly goes to show that the sale transaction is bonafide and for consideration. In fact the insolvency court did not find that the sale transaction is not bonafide, but only proceeded on the ground that the first respondent could not show that he has got any other properties as claimed by him. The amount involved in this proceedings is a claim for Rs.15,000/- by the first respondent and the suit was decreed. Sofar as the ground of not adding the appellant as a party in the appeal, it was considered by the appellate court and the appellate court felt that as the appellant herein did not challenge the order of the lower court, it is not defective. Therefore, from the material available on record, it is difficult to accept that somebody has played fraud on the appellant and obtained the orders of insolvency behind her back. In fact, the appellant is not able to show as to what was the purpose for the first respondent to play fraud on her having executed the sale deed and also having appeared in the insolvency court and supported the sale. Therefore, in view of the above circumstances, I do not find any substantial question of law calling for interference in the appeal and the appeal is liable to be dismissed. Accordingly, the Civil Miscellaneous Second Appeal is dismissed. No costs. _______________________ N.R.L.NAGESWARA RAO,J 15-07-2011 TSNR [1] AIR 1983 A.P. 13