Monday, 8 February 2021

Contribution Between Judgement-Debtors

Code of Civil Procedure


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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Reference:

1) Ipleaders

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