Y V Vishweshwar Rao (Advocate ) 14 April 2009

Joint and Several Liability

Under a money decree a sum of Rs;- 90,000/- is directed to be paid by the three Defendnats in the suit . The Defendants 2 & 3 are guarantors only .The DHR filed EP and obtained Moveabel Proeprty attachments against all the Defedants at the same time and three warrants are issued for execution agaisnt the moveables of the three defendants . please express your opinions on the following !

The Defednant No;-3 if paid and amount of Rs;- 30,000/- towards his share , the execution fo warrant is satisfied ?

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4 Replies

sanjay singh thakur (advocate) 14 April 2009

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.

Y V Vishweshwar Rao (Advocate ) 14 April 2009

Dear Mr Thakur

it is true quantified !

Y V Vishweshwar Rao (Advocate ) 14 April 2009

Mr Thakuri

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

Swami Sadashiva Brahmendra Sar (Nil) 14 April 2009

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.