SHAMSHER SINGH vs RAJINDER PRASHAD & ORS.

The Supreme Court held that under Hindu Law, sons are not liable for their father's debts incurred without consideration and family necessity. The Court clarified that a mortgage of joint Hindu family property executed without legal necessity is void against the sons. The appeal was allowed, affirming that the plaintiffs were not bound by the mortgage and that the rejection of the plaint under Order 7, Rule 11 of the C.P.C. constituted a decree, allowing for an appeal under Section 100 of the C.P.C.