decree in Civil Suit No.398 of 1980 was really a
decree on admission. It was not a compromise decree. In the
plaint in that ... assignor of the contesting defendants. It
is in that context that the contesting defendants have raised
the contention that the decree created fresh rights
submitted that in a partition suit till the
decree gets fully satisfied and executed each contesting
party remains as good as a plaintiff and consequently ... pressed in service
by any of the contesting co-owners till the final decree in
such a suit for partition gets fully executed and
implemented
suit was contested by the Respondent- State of West Bengal
by filing written statement. The Trial court passed a contested decree
in favour ... such judgment and decree, but the same
was also dismissed.
Eventually, the decree holder files the instant executing
case for executing decree so obtained, after
Rule 13 of CPC for setting aside the said exparte decree. After contest, the said Miscellaneous Petition came to be dismissed. Aggrieved by the said ... pass exparte decree. Chowrappa after loosing possession of the property, filed Misc. application for setting aside the said exparte decree. After contest, the said Miscellaneous
decree of divorce.
19
19. Aggrieved by the decree of divorce, the Appellant
filed an appeal and obtained a stay of the decree.
During ... spouse.
After entering into a settlement, he did not intend to
contest the decree of divorce. His intention was made
clear by filing
first suit, and that, since the Court had granted a decree in the first suit, it must be held that it had decided the question ... That defendant obtained a mortgage decree, in execution of which both items were sold and were purchased by the decree-holder himself. After confirmation
however, a decree is based upon a writing authorising a particular decree to be made or otherwise adjusting the controversy, if the decree ... appealed from or otherwise reviewed, as in the case of a contested decree or, the Court may on motion amend or rectify the decree
full decree on
merits’. A decree which is passed ex parte is as good and effective
as a decree passed after contest. Before ... such a decree cannot be considered to be a decree passed on merits.
It is undoubtedly a decree which is passed without contest
full decree on merits'. A decree
which is passed ex parte is as good and effective as a
decree passed after contest. Before ... such a decree cannot be considered to be a
decree passed on merits. It is undoubtedly a decree
which is passed without contest
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
