( 1 ) THIS appeal filed under Section 96 of the Code of Civil Procedure (the Code for short) is directed against the judgment and decree dated 5/05/2001 recorded in Special Civil Suit No. 43 of 2000 by the learned Civil Judge (S. D. ). , Gandevi by which suit filed by respondent No. 1 against the present appellant and respondent Nos. 2 to 5 for relief of declaration that the sale deed registered on 10/11/1995 bearing registration No. 1164 with the office of the Sub-Registrar in respect of the property mentioned in para 11 of the plaint executed by deceased Manekben Mohanlal Kansara and respondent Nos. 2, 3 and 4 in favour of the appellant is in collusion with one another fraudulently with a malafide intention with a view to defeat the legitimate claim of respondent No. 1 bank of recovering its outstanding amount and, therefore, the said transaction is illegal, null and void and unenforceable, came to be decreed in favour of respondent No. 1 bank.

( 2 ) APPELLANT is original defendant No. 5, who is the only contesting party in this appeal, respondent No. 1 bank is the plaintiff whereas respondent Nos. 2, 3, 4 and 5 are defendant Nos. 1, 2, 3 and 4 respectively and f