(2)(i)Notwithstanding anything to the contrary contained in any law, custom or contract, where in any such suit, it is alleged by the debtor -(a)that the loan was advanced to him by the Money-Lender either before or after the appointed day, not in fact on the security of any property held by him but that the loan was actually advanced to him on his transferring by way of sale of such property to the Money-Lender or to a relative of the Money-Lender, or(b)that the transaction was in fact in the nature of a mortgage, the court shall declare the transaction to be a sale or, as the case may be, a mortgage, if the court is satisfied that the circumstances connected with the transaction showed the transfer to be in the nature of a sale or a mortgage and thereupon the court shall proceed accordingly.(ii)In any such suit, if such relative has not been impeded as a party, the court shall declare such relative to be a party to such suit.Explanation. - For the purpose of this sub-section, the expression "relative" shall mean any ascendant to the second degree and his descendant to the third degree and spouse of any such ascendant or descendant.
