Niwatuwa, Dorawaka vs Mercantile Credit Limited – CA 1131/96-2011

In Mercantile Credit Limited v. Minimuthu Pathirannehelage Stephen and others, the court addressed the issue of whether, under section 188 of the Civil Procedure Code (CPC) and Form 41, the issuance of multiple decrees is permissible in a case involving joint and several liability, particularly when one decree has already been entered against other defendants. It was held that, in instances of joint and several liability, judgments and decrees can be entered against different defendants via multiple proceedings, and such acts do not contravene procedural limitations under section 188 of the CPC. The principle that liability among co-debtors does not preclude eventual separate decrees was reaffirmed, relying on legal authorities such as Kuhafa v. Viravan Chettiar, Blyth v. Fladgate, and rec