A, B and C are coparceners of Joint Hindu Family. They jointly execute a mortgage in favour of Y. Y files a suit against all of them. Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all. A and B applied to set aside the ex parte decree. The decree will be set aside against
Explanation & Strategy
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When coparceners of a Joint Hindu Family jointly execute a mortgage, the legal implications depend on whether it binds the family property or only individual shares. Under Hindu law, a coparcener can mortgage their undivided share, but binding the entire coparcenary property requires legal necessity or benefit of the estate.
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