https://www.taxtmi.com/caselaws?id=276728 Under Hindu law, a son remains liable for his father's antecedent debts, but once partition occurs the father's power over the son's allotted share ends. A decree obtained against the father alone for a pre-partition debt therefore could not be executed against the separated son's share, even though the son had been impleaded and later exonerated from the suit. For Section 47 CPC, a defendant dismissed as not being a necessary or proper party is not treated as a party to the suit, so execution questions cannot be decided against him under that provision. The attached properties allotted to the son were held not liable in execution. en-us Tue, 23 Feb 1954 00:00:00 +0530 Fri, 16 Nov 2018 14:40:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276728 Under Hindu law, a son remains liable for his father's antecedent debts, but once partition occurs the father's power over the son's allotted share ends. A decree obtained against the father alone for a pre-partition debt therefore could not be executed against the separated son's share, even though the son had been impleaded and later exonerated from the suit. For Section 47 CPC, a defendant dismissed as not being a necessary or proper party is not treated as a party to the suit, so execution questions cannot be decided against him under that provision. The attached properties allotted to the son were held not liable in execution. Case-Laws Indian Laws Tue, 23 Feb 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276728