Article 397 — Execution in case of cross-decrees

(1) Where applications are made to a court for the execution pf cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execu- tion at the same time by such court, then: (a) if the t~ ) sums are equal, satisfaction shall be entered upon both decrees; and (b) if the two sums are unequal, execution may be taken O\t only by the holder of the decree for the larger sum and fa 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. (2) The provisions of sub-art. (1) shall apply where either party is an assignee of one of the decree and as well in respect of judg- ment-debts due by the original assignor as in respect of judg- ment-debts due by the assignee himself. (3) The provisions of sub-art. (1) shall not apply unless ; CIVIL PROCEDURE CODE :31 (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