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1917 Supreme(All) 217

PIGGOTT
Pahlwan Singh – Appellant
Versus
Musammat Janki – Respondent


JUDGMENT

Piggott, J. - On the findings of the Court below there should have been an ex parte decree against Musammat Janki, widow of Baldeo, for the sum claimed, with costs, such decree to be recoverable only against any self acquired property of the deceased, Baldeo, which might be found in the possession of the widow. The lower Court was quite entitled on the pleadings to try an issue whether Baldeo had died joint or separate from his brothers Chunni, Gokal and Bachchu; and having come to the finding that, at the time of Baldeo's death, the four brothers were members of a joint undivided Hindu family, it has rightly held that the joint family property, whatever it might be, in the hands of the remaining brothers by survivorship could not be liable for a debt incurred by Baldeo, in the absence of any evidence that it was incurred on behalf of the joint family or for the benefit of that family. I doubt whether the modification of the decree of the Court below, to which I think the plaintiff is entitled as a matter of law, will be of any particular benefit to him. The object of this application seems to have been to obtain a decree against the brothers. However, as the matter has bee

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