RAJIV SAHAI ENDLAW, J.

1. The objection to the execution raises for adjudication legal issue, as to what is the liability of the individual co-parcener in a decree against a Hindu Undivided Family carrying business whether it is to the extent of their share in the assets of the said joint Hindu Undivided Family only or does it extend to their personal assets also.

2. The factual matrix in which the aforesaid legal issue has arisen is as under. The decree holder, itself a Hindu Undivided Family through its Karta instituted CS(OS) No.1129/2002 under Order 37 of the CPC in this court against M/s Sardar Mall Alok Kumar, HUF through Shiv Dayal Jagwayan, Karta for recovery of Rs.27,09,905/- with future interest. It was inter-alia stated in the plaint that: the defendant is a Hindu Undivided Family with Shiv Dayal as its Karta his wife Champa Jagwayan as its member and sons Ashish and Alok Jagwayan as co- parceners.

3. It was further stated that the decree holder/plaintiff had over a period of time disbursed interest (@ 18% p.a.) bearing loan to the defendant; that the defendant was giving interest to the plaintiff till 31st March, 2001 by crediting the same to the account of the plaintiff; that the plaintiff had disbursed the loan to the defendant as defendants Karta was a friend of the Karta of the plaintiff and was in need of money; that as on 30th June, 2002 a sum of Rs.27,09,905/- inclusive of interest was due from the defendant to the plaintiff.

4. The defendant in that suit applied for leave to defend which was considered by this court on 10th December, 2006. A letter dated 18th March, 2002 written by the defendant to the plaintiff in acknowledgment of debt is referred to in the order dated 10th February, 2006. In the said letter Mr. Shiv Dayal Jagwayan, Karta of the defendant had written to the Karta of the plaintiff as under:- My dear Ashok Ji, You have been a family friend for over 25 years. Your family, friends and you had advanced to my firm M/s. Sardar Mall Alok Kumar Kumar over Rs.35,00,000/- as at 31/03/2001 (With Interest), you have been asking for repayment of these funds. I assure you that I shall repay the same to your shortly. You are aware that I have various properties in my name or in the name of my family members. Before any of the properties is sold I shall repay the loan. In case I am unable to pay immediately I shall transfer the land and Godawn at Siraspur to you for Rs.20,00,000/-, Godawn at Samaipur for Rs.15,00,000/- before 30/6/2002. The balance amount shall be repaid. I confirm the loan outstanding as at 31/03/2001 with M/s. Sardar Mall Alok Kumar with following details: 1. A. Khandelwal and sons 2285253 2. Kamla Khandelwal 217143 3. Sunita Khandelwal 442205 4. Ashok Kr. Khandelwal 278480 5. Geeta Khandelwal 161617 6. Ajay Khandelwal HUF 141414 ------------- 3526112 With Best Wishes (SHIV DYAL JAGWAYAN)

5. What is of significance to be noticed for the present purposes is that the Karta of the defendant had in the aforesaid letter referred to M/s Sardar Mall Alok Kumar as a firm.

.6. It is also recorded in the order dated 10th February, 2006 aforesaid that other suits filed by other family members of the Karta of the plaintiff against the defendant had been decreed. The counsel for the defendant on 10th February, 2006 also submitted that the decree be passed for the principal amount against the defendant and keeping in view the financial difficulty being faced by the defendant, interest should be minimal possible. The principal amount claimed in the suit being Rs.17,60,000/-, this court vide order dated 10th February, 2006 passed a decree in favour of the plaintiff and against the defendant/judgment debtor for recovery of Rs.17,60,000/-along with interest at 6% per annum w.e.f. 31st March, 1997, pendente lite and future.

7. The plaintiff aforesaid filed execution No.214/2007 for execution of the aforesaid decree, the total amount due till then being Rs.26,20,609/-. In column 9 of the execution app

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