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PETITIONER: PANNALAL AND ANOTHER
Vs.
RESPONDENT: MST. NARAINI AND OTHERS.
DATE OF JUDGMENT: 07/03/1952
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. FAZAL ALI, SAIYID BOSE, VIVIAN
CITATION: 1952 AIR 170 1952 SCR 544 CITATOR INFO : RF 1953 SC 487 (8) F 1959 SC 282 (12,13,16) R 1964 SC1425 (12,19,20,21) R 1978 SC1791 (12,17,20)
ACT: Hindu law--Debts--Pre-partition debts of father--Sons’ liability --Pious liability of son--Nature and extent, and mode of enforcement--Decree against estate of father in sons’ hands as legal representatives--Whether executable against property allotted to sons on partition--Civil Proce- dure Code (Act V of 1908), ss. 47, 52, 53.
HEADNOTE: B, acting as manager of a joint Hindu family, consisting of himself and his sons executed a mortgage deed in favour of the plaintiff, hypothecating certain movables to secure a loan. Subsequently the sons obtained a partition decree against their father and the joint family properties were divided by metes and bounds and separate possession was taken by the father and the sons. Later on, the plaintiff filed a suit against ’B praying for a decree against the mortgaged property as well as against the joint family. The sons applied for being impleaded as defend ants stating that the mortgaged properties were allotted to them by the parti- t...