Rule 18 of CPC : Rule 18: Execution in case of cross-decrees.
CPC
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Explanation using Example
Example 1:
A and B are business partners who had a falling out and sued each other. A obtained a decree from the court ordering B to pay him Rs. 50,000. In a separate suit, B obtained a decree ordering A to pay him Rs. 30,000. Both decrees are capable of being executed at the same time. According to Rule 18 of the Code of Civil Procedure 1908:
- Since the sums are unequal, A (the holder of the larger decree) can execute the decree for Rs. 50,000 but only for the amount remaining after deducting the Rs. 30,000 that he owes B.
- Therefore, A can execute the decree for Rs. 20,000 (Rs. 50,000 - Rs. 30,000).
- Satisfaction for Rs. 30,000 will be entered on both decrees.
Example 2:
X and Y are involved in two separate legal disputes. In the first case, X obtained a decree against Y for Rs. 10,000. In the second case, Y obtained a decree against X for Rs. 10,000. Both decrees are capable of being executed at the same time. According to Rule 18 of...
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