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1978 Supreme(MP) 637
IN THE HIGH COURT OF MADHYA PRADESH
H.G. MISHRA, J.
Shrinath - Applicant
Vs.
Tulsidas - Respondents
C. Revn. No. 368 of 1974 (G)
Decided On : 28-06-1978
For the Applicant : Swamisaran
For the Respondents: P.N. Aneja
Headnote:Hindu Law – karta – personal liability of - Hundis executed by karta on behalf of joint family - whether his personal properties are liable to be proceeded against in execution.
1. The decree-holder non-applicant No. 1 filed a suit against firm Girwarlal Pyarelal in which Shrinath alias Munnalal was impleaded as co-defendant. Shrinath was karta of the family and Manager of the aforesaid joint family firm.
2. When execution of the decree obtained was taken out by the non-applicant No. 1, the applicant plaintiff raised objection to the effect that decree-holder cannot proceed against his personal property. This objection was rejected by the impugned order. Hence this revision.
Held : The law on the point has been stated in Hindu Law by Mulla (Fourteenth Edition by S.T. Desai) at page 293. Article 234 (iv).
3. In this view of the law the execution can proceed against the personal property of Shrinath alias Munnalal because as he was executant of the Hundi. When karta incurs a debt he incurs it on behalf of all the members of the joint family of which he is karta. But that does not mean that he is not apparently liable or that his personal property is not liable to be proceeded in a decree so obtained against him. Mulla's Hindu law (14th Edn.) page 293, Art. 234 (iv) relied on Revision dismissed.
