Mr. X, Mr. Y and Mr. Z are jointly and severally liable for 10,000 under a decree obtained by Mr. A. Mr. Y obtains a decree for 10,000 against Mr. A singly and applies for execution to the Court in which the joint-decree is being executed. Which of the following option is correct for Mr. A?

Option A: Mr. A may treat his joint-decree as cross- decree under Order 21 Rule 18.

Option B: Mr. A cannot treat his joint-decree as cross-decree under Order 21 Rule 18

Option C: Mr. A cannot treat his joint-decree as cross-decree under Order 22 Rule 18.

Option D: None of these

Correct Answer

Option: a

Explanation

This question is based on Illustration (b) of Order 21, Rule 18 of Code of Civil Procedure, 1908 stated below Order XXI, Rule 18 deals with Execution in case of cross- decrees. Illustration (b): A and B, co-plaintiffs, obtain a decree for Rs. 1,000 against C, and C obtains a decree for Rs. 1,000 against B. C cannot treat his decree as a cross decree under this rule. A obtains a decree against B for Rs 1,000. C, who is a trustee for B, obtains a decree on behalf of B against A for Rs. 1,000 B cannot treat C’s decree as a cross-decree under this rule. A, B, C, D and L are jointly and severally liable for Rs. 1,000 under a decree obtained by F A obtains a decree for Rs 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed. F may treat his joint-decree as cross-decree under this rule.

Sample Mock Tests for Practice

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 08 Q. NO. 281 TO 320)

THE HINDU SUCCESSION ACT, 1956 (PAPER 02 Q. NO. 36 TO 65)

THE LIMITATION ACT, 1963 (PAPER 02 Q. NO. 41 TO 80)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

NLU 2015

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 17 Q. NO. 641 TO 680)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 06 Q. NO. 176 TO 210)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 20 Q. NO. 761 TO 800)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

THE INDIAN CONTRACT ACT, 1872 (PAPER – 01 Q. NO. 1 TO 35)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 01 Q. NO. 1 TO 40)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

HARYANA LOWER JUDICIAL SERVICES 2018

CLAT 2016

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

MADHYA PARDESH LOWER JUDICIAL SERVICES 1998

GUJRAT LOWER JUDICIAL SERVICES 2022

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

THE LIMITATION ACT, 1963 (PAPER 06 Q. NO. 201 TO 240)

THE COPYRIGHT ACT, 1957 (PAPER 01 Q. NO. 1 TO 7)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 14 Q. NO. 456 TO 490)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2014

THE INDIAN CONTRACT ACT, 1872 (PAPER – 18 Q. NO. 596 TO 636)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 07 Q. NO. 211 TO 245)

HARYANA LOWER JUDICIAL SERVICES 2021

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 20 Q. NO. 761 TO 800)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)