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march 1952

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.

PANNALAL AND ANOTHER vs MST. NARAINI AND OTHERS. · Niyam