AIR 1957 RAJASTHAN 267 ::1957 RajLW 290 ::ILR (1957) 7 Raj 616

Rajasthan High Court

Hon'ble Judge(s): Modi , J

(A) Contract Act (9 of 1872) , S.43, S.44— Contribution - Decretal debts - One debtor jointly and severally liable paying of whole debt - Liability of other debtors to contribute - Effect of release of the others by decree-holder Where a number of persons are jointly and severally liable to satisfy a decree, then it is open to the decree-holder (who is in the position of a @page-Raj268 joint promisee) to compel any one or more of the judgment-debtors (who are in the position of joint promisors) to satisfy the whole of the decree. The judgment-debtors who while such decree is subsisting against them have been so compelled to perform the promise can claim contribution from the others who have not satisfied the decree (according to their shares). This liability to contribution is not affected in any way by the release of some of the judgment-debtors by the decree-holder from the performance of the promise unless a contract to the contrary between all the parties liable to contribute has been established. Anno : C. J. I. Cont. Act, S. 43, N. 11, S. 44, N. 5. (B) Contract Act (9 of 1872) , S.69, S.43, S.44— Scope. Section 59 deals with and provides for one kind of circumstances and a claim for reimbursement arising the....