Petition is maintainable in the eye of law when there is no decree at all in existence to be executed. Curiously, when the revision petitioner ... Subsequently, the same has been set aside and a contested decree was passed on 28.10.2004 dismissing the RCOP. The present E.P. Was filed
order or decree is conclusive proof
that any legal character, which it confers accrued at the time when
such judgment, order or decree came into ... between a decree on contest and an ex-parte decree,
since, like a decree on contest, an ex-parte decree is also a decree passed
Civil Judge drew a preliminary decree as under:
“ ORDER
The suit is decreed preliminarily on contest against defendant No: 1 with
costs ... allotted to them separately in consequence of the final decree
proceeding. Hearing fee at contested useable.”
10. Thus, the Trial Court directed that
recording a compromise, it shall be open to the appellant to contest the decree on the ground that a compromise ought not to have been ... record a compromise, it shall be open to the appellant to contest the decree on the ground that a compromise ought to have been recorded
execution of this decree the decree-holders purchased on the 26th April 1938 item No. 5 of the mortgaged property and the sale was continued ... constitute constructive nonce. But in the present case the contesting respondents were decree-holders in the money execution case and it was their ordinary duty
original decree, which thereupon ceased to be operative as a contested decree, Mookerjee, J., observed as follows: "This view Cannot possibly be sustained ... disputes will bind the reversioner quite as much as a decree on a contest; in other words, that the principle laid down in Katama Natchier
consent decree as is well known, is as good as a contested
decree. Such a decree must be set aside if it has been
passed
suit which resulted in a compromise decree. According to the learned counsel, the compromise decree is a creature of an agreement on which ... contested decree and a compromise decree. We have no hesitation to hold that a transfer pendente lite, whether the decree is on contest or result
merged in the decree of the Appellate Court, only in so far as the original decree affected the two contesting defendants ... whom had contested the suit, and others had not entered appearance. The contesting defendants preferred an appeal making the non-contesting defendants parties respondent
already discussed above. In none of these cases there was a contested mortgage decree and the question whether the land was raiyati was conclusively established ... decree In the case.
For the application of Section 11 . Civil P. C., there is indeed no difference between a decree passed after contest
