Joint Hindu family partition defeats attachment of sons' shares for the father's personal decree under Section 60 CPC.

After a genuine partition and division of status in a joint Hindu family, the father's power to dispose of the sons' shares for his own debts ends, so those shares fall outside Section 60 CPC and cannot be attached in execution of a money decree against the father alone. The fact that the partition may have been arranged with an object adverse to creditors, or that the deed referred to the father's debts, does not alter the position for execution purposes. The creditor's remedy, if any, lies outside execution proceedings. The claim to set aside the attachment order therefore failed.

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Issues: Whether, after a genuine partition and division of status in a joint Hindu family, the shares allotted to the sons could be attached in execution of a money decree obtained against the father alone under Section 60 of the Code of Civil Procedure, 1908.

Analysis: Liability to attachment in execution depends on whether the property belongs to the judgment-debtor or is property over which he has a disposing power exercisable for his own benefit. Once the family becomes divided in status by a genuine partition, the father's power to sell the sons' shares for his debts comes to an end. That consequence applies even if the partition is said to have been made with an object adverse to creditors, and it makes no difference for execution purposes whether the partition deed expressly provided for the father's debts. The creditor's remedy in execution is distinct from any independent suit that may lie against the sons.

Conclusion: The sons' shares were not liable to attachment in execution of the decree against the father alone, and the claim to set aside the claim order failed.

Ratio Decidendi: After a genuine partition or division of status in a joint Hindu family, the father no longer has a power of disposal over the sons' shares within the meaning of Section 60 of the Code of Civil Procedure, 1908, and those shares are not attachable in execution of a decree against him alone.

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