1986 operates as Res Judicata. When the contested decree in
O.S.No.352/1986 was confirmed by the Appellate Court / District Judge,
Coimbatore ... Expert is very
much essential to prove his case that the contested decree in O.S.No.352/1986
was obtained by playing fraud upon
record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have ... recording a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should not have been recorded
pass a final decree with respect to mesne profits for a period exceeding three years from the date of decree. The decree must be construed ... onwards, subject to payment of compensation provided in the contest decree. It is nobody's case that there was a breach in the terms
settlement on the basis of which the aforesaid consent decree was passed; the said decree was passed merely on the basis of admitted written statement ... said that such kind of decree is not binding. The consent decree is as valid as the contested decree. The same can be avoided only
held that 'after suffering a contested decree (here upto appeal) a defendant canot sue for setting aside the decree on the plea of fraud ... fraudulent and collusive is not enough to assail an otherwise contested decree. In such case it is wall-settled that fraud must be external
Munsiff, Billawar on 28.8.1973. Execution Petition for execution of the aforesaid decree was contested on the ground of inexecutability of the decree. Plea of inexecutability ... contest the maintainability of the execution petition was also given recognition. He has further stated that the order of the executing court declaring the decree
convenience). The suit for partition though initially
contested, ended into a compromise based whereon a compromise decree was
passed on 13.2.1978.
A perusal ... decree in terms of the decree dated
13.2.1978. referred to as the preliminary decree, in the so-called final
decree proceedings. There was no contest
partition of one-third share. The suit was resisted and after contest,
preliminary decree for partition was passed on 8.9.1997. Pursuant to the
preliminary decree
suit property and also for final decree for partition in terms of preliminary decree.
10. The defendant contested the suit by filing a written statement ... same is dismissed on contest with cost. The judgment and decree passed by the learned Assistant District Judge, Sealdah is affirmed. The amendment petition filed
petitioner renewed his request before the contesting respondents for alteration of date of birth. The contesting respondents have declined to entertain the request ... petitioner has impleaded the Director of School Education and after contest, a decree has been passed and entries in the SSLC Certificate has been corrected
