Liability under a decree:
Persons liable jointly and
severally under a decree are in the same position as joint promisors.
All the liable persons will
bound a contribution to the extent of their respective shares towards the
discharge of the decree. e.g. If A and B are the persons liable jointly and
their share is 20% and 80% respectively then A have to contribute 20% towards
discharge of the decree and B have to contribute 80% for the same.
A co-debtor may not be
liable to contribute if he shows that the other co-debtor had an amount of
joint money sufficient to discharge the decree. e.g. If A and B are the persons
liable jointly and their share is 20% and 80% respectively. If A proves that B
is having joint money which is sufficient to discharge the decree then A may
not be liable to contribute towards discharge of decree.
A decree-holder can recover
his decretal debt from one or more or any of the judgment-debtors and the
latter can compel contribution from the other judgment debtors, who have not
been compelled to pay. e.g. D is a decree-holder who can recover his decretal
debt from A, B and C who are the judgement debtors. If D recovers all of his
decretal debt from A then A can compel the contribution from B and C.
In the absence of a contract
to the contrary, the liability to contribute is not affected by the release of
any judgment-debtor by the decree-holder.
Vayangara Vadaka Vittil
Manja v Pariyangot Padingara Kurupath Kadugochen
The question as to whether
there is any right of contribution as between persons against whom a joint
decree has been passed depends upon the question whether the defendants, in the
former suit were wrong-doers in the sense that they knew or ought to have known
that they were doing an illegal or wrongful act. In that case, no suit for
contribution will lie. If an act is manifestly unlawful, or the doer of it
knows it to be unlawful as constituting either a civil wrong or a criminal
offense, he cannot maintain an action for contribution or indemnity to him for
the commission of such act is also void. Thus, where a decree for costs against
two defendants jointly was executed against one of them, who had set up a false
defense in the suit in collusion with the other, and the former sue the latter
for contribution. It was held that the suit would not lie.
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Further reading:
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1) Ipleaders
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