Supreme Court of India · 1952-03-07
PANNALAL AND ANOTHER vs MST. NARAINI AND OTHERS.
- Citation / case number
- SC 1951/59
- Court
- Supreme Court of India
- Petitioner
- PANNALAL AND ANOTHER
- Respondent
- MST. NARAINI AND OTHERS.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that under Section 52(1) and Section 53 of the Civil Procedure Code, a decree against a father for pre-partition debts can be enforced against the properties of his sons if such properties are liable under Hindu law. The Court established that sons remain liable for their father's pre-partition debts, provided those debts are not immoral or illegal, even after partition. The judgment confirmed the enforceability of the decree against the sons as legal representatives of their deceased father.