P&H: Upholds Decree Holder’s Choice to Recover Entire Decretal Amount From One Judgment Debtor, when liability of JDs had been declared joint and several.
High Court has dismissed a civil revision against an executing court order that allowed a decree holder to proceed against his property for recovery of the entire decretal amount.
The dispute arose from a money decree, under which both defendants were directed to pay Rs. 5,34,022.25 with interest. The court had specifically held them jointly and severally liable.
According to the decree holder, an amount of Rs. 8,67,107.25 was still outstanding. The decree holder therefore sought attachment and sale of property belonging to one of the judgment debtors, under Order XXI Rule 66 of the Code of Civil Procedure.
JD opposed...
