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Issues:
1. Validity of claim order set aside in a suit by legal representatives of a decree-holder. 2. Determination of liability of shares taken by defendants 2 to 5 in execution of a money decree obtained against the father alone. 3. Interpretation of Section 60 of the Civil Procedure Code regarding attachment of properties in execution. 4. Effect of a genuine partition on the father's power of sale for his debts under Hindu Law. 5. Distinction between creditor's remedy in execution and by a separate suit. 6. Consideration of whether a partition needs to be bona fide for execution proceedings. 7. Impact of a partition before or after obtaining a money decree against the father. 8. Possibility of decree-holder executing against sons' shares for pre-partition debt. 9. Entitlement to execute decree against properties comprised in a partition deed. 10. Suit nature change to recover money from sons under a promissory note. 11. Limitation period and dismissal of the second appeal. Analysis: 1. The case involves a suit by legal representatives of a decree-holder to set aside a claim order. The father obtained a money decree against the first defendant based on promissory notes. A subsequent partition agreement was made between the first defendant and his sons, defendants 2 to 5, leading to a dispute over attachment of properties in execution of the money decree. 2. The central issue is the liability of shares taken by defendants 2 to 5 in execution of a money decree obtained against the father alone. The question revolves around whether the partition affects the ability to proceed against the sons' shares in execution. 3. The judgment delves into the interpretation of Section 60 of the Civil Procedure Code, emphasizing that properties must belong to the judgment-debtor or be under their disposing power for attachment in execution. 4. The impact of a genuine partition on the father's power of sale for his debts under Hindu Law is examined. The judgment clarifies that a division in status terminates the father's power of disposal over joint family property. 5. A distinction is drawn between a creditor's remedy in execution and through a separate suit. The judgment highlights the different approaches in these scenarios based on legal precedents. 6. The necessity of a partition being bona fide for execution proceedings is discussed. The judgment explores the varying interpretations of what constitutes a bona fide partition and its relevance in execution matters. 7. The timing of a partition concerning the money decree against the father is analyzed, emphasizing the materiality of the partition date in relation to the debt claims. 8. The possibility of decree-holder executing against sons' shares for pre-partition debt is considered, although deemed immaterial in the judgment's view. 9. The entitlement to execute a decree against properties in a partition deed is examined, with a specific focus on properties allocated for maintenance and other purposes. 10. The potential change in the nature of the suit to recover money from sons under a promissory note is discussed, with considerations on limitation periods and the basis of the claim. 11. The judgment concludes by addressing the limitation period, dismissing the second appeal, and providing a detailed analysis of the legal principles involved in the case.
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