What was held in Dharnidhar v. Chandrashekhar in regard to joint tort-feasors?

[Law of Torts] – A Full Bench of the Allahabad High Court in Dharni Dhar v. Chandra Shekhar has held that the doctrine Merryweather v. Nixan does not apply in India. A tort-feasor may recover contribution from any other tort-feasor who is or would, if sued, have been liable in respect of the same damage, whether as a joint tort-feasor or otherwise. His lordship Waliullah J. criticising the rule said: the rule of contribution is based on basis of equity, justice and good conscience. The rule in Merryweather is devoid of this doctrine that the rule of equality should be applied in cases of liability and benefit amongst persons, viz. if an act done by two persons jointly they should be equally liable. If a decree is obtained against one or more persons and the amount of damages have been recovered from one of than equity and justice demand that this liability should be equally shared by co-judgment debtors.

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