CPC 1908 § Order XXI, Rule 18 — Execution in case of cross-decrees

Statutory text (English)

(1) 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 such Court, then—
(a) if the two sums are equal, satisfaction shall be entered upon both decrees; and
(b) 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 of the decree for the smaller
sum.

(2) This rule shall be deemed to 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.

(3) This rule shall not be deemed to apply unless—
(a) 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 character in both
suits; and
(b) the sums due under the decree are definite.

(4) 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 favour of one or more of such persons.
Illustrations
(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for the
payment of Rs.1,000 in case A fails to deliver certain goods at a future day. B
cannot treat his decree as a cross-decree under this rule.
(b) A and B, co-plaintiffs, obtain a decree for Rs.1,0 00 against C, and C obtains a
decree for Rs.1,000 against B. C cannot treat his decree as a cross-decrees under
this rule.
(c) A obtains a decree against B for Rs.1,000. C who is a trustee for B, obtains a
decree on behalf of B against A for Rs.1, 000. B cannot treat C's decree as a
cross-decree under this rule.
(d) A, B, C, D, and E are jointly and severally liable for Rs.1,000 under a decree
obtained by F. A obtains a decree for Rs.100 against F singly and applies for
execution to the Court in which the joint-decree is being executed, F may treat
his joint-decree as a cross-decree under this rule.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 18 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 105, 106, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 105, 106) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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