joint decree-holders were joint creditors within the meaning of Section 8 . In his opinion if joint decree-holders could be considered to be joint ... become joint decree-holders (and are not merely joint private creditors), two of them as such decree-holders can receive the joint decree-debt
case the decree was a joint decree and it seems to me that it is no longer executable as a joint decree ... decree-holders, that is as a decree under which the interests of the joint decree-holders have become severed.
Davies, J.
9. I concur.
Benson
against the defendants Nos.1, 2, 3,
4 and 5 jointly and severally;
b) Decree for Rs.5,98,10,532.35 against the defendants ... jointly and severally;
c) Decree for Rs.35,69,45,369.62 against the defendants
Nos.8,9,10,11,12,13, 19 and other jointly
case the decree was a joint decree and, it seems to me that it is no longer executable as a joint decree ... decree holders, that is, as a decree under which the interests of the joint decree holders have become severed.
Davis, J.
10. I concur.
Benson
more of the joint decree-holders. Normally, a joint decree must be executed by all the decree-holders. A special exception has been made under ... owned separate and definite shares in the joint decree. Where the joint decree is owned by a joint family, then payment
payment of the entirety of this joint and several decree by the plaintiff, he prays for a decree ... rate where such a liability became embodied in a joint and several decree, as in the present case the rights 'inter se' between
decree as the decree-holder was entitled to
execute the decree, unless some other person could show that
he had taken the decree-holder ... shares which should be assigned to the individual decree-
holders under a joint decree when the decree has not made
any such provision
litigation is on the
same nature of title, the decree passed would be a joint and indivisible
one, either way and to which the principle ... Nathu Ram (1962 (2) SCR 636), subsequently followed and applied in
several other cases, squarely applied and no exception could be
taken to the judgment
litigation is on the same nature of title, the decree passed would be a
joint and indivisible one, either way and to which the principle ... Nathu Ram (1962 (2) SCR 636), subsequently followed and
applied in several other cases, squarely applied and no exception could be taken
to the judgment
sever the joint family
status. Merely because one member of the family severs his
relation, there is no presumption that there is severance
between ... sever the joint family
status. Merely because one member of a family severs his
relation, there is no presumption that there is severance
between