{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:435","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"Execution in Case of Cross-decrees","number":"435","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/","hierarchy":{"book":"BOOK VII — ATTACHMENT AND EXECUTION OF DECREES","title":"TITLE II — MODES OF EXECUTION","chapter":"Chapter 1. — General Provisions"},"paragraphs":[{"id":"p1","number":"1","text":"Where applications are made to a court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such court, then:","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":225,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/225/?article=435&paragraph=p1#article-435-p1"}]},{"id":"p1a","number":"a","parentId":"p1","text":"if the two sums are equal, satisfaction shall be entered upon both decrees: and","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p1a","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":225,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/225/?article=435&paragraph=p1a#article-435-p1a"}]},{"id":"p1b","number":"b","parentId":"p1","text":"if the two sums are unequal, execution may be taken out only by the holder of the decree for the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p1b","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":225,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/225/?article=435&paragraph=p1b#article-435-p1b"},{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p1b#article-435-p1b"}]},{"id":"p2","number":"2","text":"The provisions of sub-Article (1) shall apply where either party is an assignee of one of the decrees and as well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the assignee himself.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p2#article-435-p2"}]},{"id":"p3","number":"3","text":"The provisions of sub-Article (1) shall not apply unless:","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p3","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p3#article-435-p3"}]},{"id":"p3a","number":"a","parentId":"p3","text":"the decree-holder in one of the suits in which the decrees have been made is the judgment-debtor in the other and each party fills the same position in both suits, and","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p3a","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p3a#article-435-p3a"}]},{"id":"p3b","number":"b","parentId":"p3","text":"the sums due under the decrees are definite.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p3b","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p3b#article-435-p3b"}]},{"id":"p4","number":"4","text":"The holder of a decree passed against several persons jointly and severally may treat it as a cross-decree in relation to a decree passed against him singly in favor of one or more of such persons.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/435/#p4","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":226,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/226/?article=435&paragraph=p4#article-435-p4"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}