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Criminal Procedure Code QUESTION #9524
Question 1
A decree is passed jointly against B, C and D for Rs. 900,000, each being jointly and severally liable. B pays the entire Rs. 900,000 to the decree-holder A and fully satisfies the decree. B then seeks to recover proportionate contribution from C and D. Can B do so through the same execution proceedings?
  • No; once B pays, all rights are extinguished including B's right of contribution
  • Yes; B can apply for execution against C and D for contribution in the same proceedings
  • Yes; B is deemed a decree-holder to the extent of the other shares
  • No; B's right to recover contribution from C and D is by way of a separate suit; the decree between A and the judgment-debtors cannot be used by one judgment-debtor against another in execution✔️
Correct Answer Explanation
The execution proceedings under a decree are for the benefit of the decree-holder against judgment-debtors. One judgment-debtor who pays the full amount satisfies the decree, discharging the others. B's right of contribution from C and D arises from separate equitable or legal principles and must be pursued by a separate suit, not through the original execution proceedings.