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 CHHATTISGARH RENT CONTROL ACT, 2011 (PAPER 01 Q. NO. 1 TO 8)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

DELHI LOWER JUDICIARY 2008

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

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

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

CLAT 2013

THE CONSTITUTION OF INDIA, 1949 (PAPER – 17 Q. NO. 561 TO 595)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 12 Q. NO. 441 TO 480)

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

JHARKHAND LOWER JUDICIAL SERVICES 2019

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

UTTAR PARDESH LOWER JUDICIAL SERVICES G.K. EXAM 2018

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 10 Q. NO. 361 TO 400)

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

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

The Hindu Marriage Act, 1955 (Paper 02: Q. 26 TO 50)

SAMPLE PAPER 01

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

NLU 2015

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 02 Q. NO. 41 TO 80)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

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

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)

AILET – National Law University Delhi Entrance Test (NLU 2023)

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

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