Joint and Several Liability

Dear Mr. Rao

As the share of  of all the three Defendants have not been quatified by the Court hence in case of joint and several liabilty execution against defendant no.3 can be stayed by the Court but cannot be definitely said so because in these situation approaches of court varies. Had this decreetal amount been quatified than the case would have been different.

Regards.

Dear  Mr Thakur

it is true quantified !

Mr Thakuri

It is true not quantified ( the aobve is by mistake )

liability could not be quantified.

However, i recollect that recently the supreme court has liberalised the interpretation of 'co-extensive liability' and has held that the decree holder should attempt to realise the decretal amount from principal debtor first.  hope some other friend will provide exact citation.