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 plain

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