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Showing contexts for: contested decree in Baldev Singh vs Surinder Mohan Sharma & Ors on 1 November, 2002Matching Fragments
It is now a well-settled principle of law that an ex parte decree is as good as a contesting decree unless it is set aside. An ex parte decree can be set aside by the court passing it or by an appellate court only at the instance of a person aggrieved thereby.
It may be true that a decree obtained by fraud is a nullity. But the question as to whether a decree has been obtained by fraud or not is again a question which must be raised by a person who is interested in the subject- matter thereof and not at the instance of a person who is a busy body. The appellant and the aforementioned Sarbjit Kaur have a right of privacy. Such a right of privacy extends not only to the matrimonial home but also to the matter of dissolution of a marriage. A third party who has nothing to do with relationship of the appellant and the said Sarbjit Kaur cannot be permitted to intrude into their privacy by preferring an appeal only on one or more of the grounds, as stated by the First Respondent in his application before the High Court and as quoted supra. None of the said grounds, in our considered view, confers locus on the First Respondent to prefer an appeal against the decree passed by the learned Civil Judge.