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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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The components of an Affidavit

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Here are notes regarding components of an affidavit. Please read and get your knowledge improved. To support me please follow and share this blog. Thank you!

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Introduction with meaning and definition of Affidavit

Essential Features of An Affidavit

The components of an Affidavit: -

The document's component parts are typically as follows:

1) A commencement which identifies the "affiant or deponent of truth", generally stating that “everything in it is true, under penalty of perjury, fine, or imprisonment”;

2) an attestation clause, usually a jurat, at the end certifying that the affiant or deponent made oath and the date;

3) signatures of the author and witness.

4) If an affidavit is notarized or authenticated, it will also include a caption with a venue (place) and title in reference to judicial proceedings.

In some cases, an introductory clause, called a preamble, is added attesting that the affiant or deponent personally appeared before the authenticating authority.

For further reading please visit:

Affidavit: Uses and types

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Essential Features of An Affidavit

Jay Shri Ram friends. How are you?

Here are notes regarding essential features of affidavit. Please read and get your knowledge improved. To support me please follow and share this blog. Thank you!

Previous articles

Introduction with meaning and definition of Affidavit

1) An Affidavit should be in writing: Since an Affidavit is used as a record in court; it has to be in writing. This is to make the person who makes the affidavit accountable for the contents sworn in the affidavit. It also deters people from making false claims since they amount to punishable offences.

2) It must be a declaration made by an individual: An Affidavit can be created only by an individual, and not by any artificial persons like Companies and other associations or Groups of individuals.

3) It must relate to facts alone: An Affidavit should mention only the facts according to the best knowledge of the deponent. The only exception to this rule is Interlocutory Applications submitted in civil proceedings which may be based on the belief of the deponent. However, it is subject to the rule that the source of the information shall be specified and that the deponent shall be subject to cross verification by the other party. It should not be based on mere inferences or assumptions.

4) It must be made in the first person: Affidavits cannot be created on behalf of other persons. The purpose is to prevent declaring of things beyond the reasonable knowledge of a person. It is the duty of the deponent to state facts which are known to him/her. However it is subject to the exception where affidavits are sworn on behalf of minor children or insane individuals.

5) It must be sworn before an officer or magistrate who is authorised to administer oath.

6) An affidavit can be sworn only before a person having authority to attest it.

For example, a name change affidavit may be attested either by a Notary Public or by an Executive or Judicial magistrate for documents created in India; while an affidavit for lost or damaged passport can be attested only by a Judicial or Executive Magistrate and it is beyond the authority of a Notary Public.

For further reading please visit:

The components of an Affidavit

Affidavit: Uses and types

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