A', 'B', 'C', 'D' and 'E' are jointly severally liable for Rs. 2,53,000/- under a decree obtained by 'F'. 'A' obtains a decree for Rs. 2,00,000/- against 'F' singly and applies for execution to the Court in which the joint decree is being executed. The Court has to:
A. If 'F' opts to treat his joint decree against 'A' , 'B', 'C', 'D' and 'E' as a cross-decree, record satisfaction to the extent of Rs. 2,00,000/- of the joint decree for Rs. 2,53,000/- and proceed with the execution only of the decree in favour of 'F' for remaining Rs. 53,000/- against 'A', 'B', 'C', 'D' and 'E'
B. Proceed simultaneously with execution of both the decrees
C. Ask 'A' to separately apply for execution of his decree against 'F'
D. Record satisfaction of the joint decree of Rs. 2,53,000/- only to the extent of 1/5th amount thereof against 'A' and proceed with execution of joint decree for the balance amount against 'B', 'C', 'D' and 'E'
Answer: Option A
This Question Belongs to Law >> Code Of Civil Procedure
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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