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
Officer has not discussed with regard to the effect of judgment and decree of the suit. He has proceeded solely on the basis ... commented on the said decree because it is an. ex parte decree. There is no difference between a contested decree or an ex parte
main dispute related to two issues
– (1) whether an ex parte decree could attract res judicata and (2)
whether the appellant could be held bound ... case by holding that an
ex parte decree was as good as a decree passed after contest and such ex
parte decree, unless set aside
Other defendants chose not to contest the suit. The contesting defendants have taken the stand that the gifted properties are the self-acquired properties ... they were not pressed. Feeling aggrieved by the aforesaid judgment and decree the contesting defendants have preferred this appeal.
6. Sri B. Routry, the learned
make provision for an appeal being
preferred from every original decree or from every decree passed
in appeal respectively; none of the provisions enumerates ... plaintiff entered into a settlement with the contesting defendants who
had preferred the appeal. Such a decree, we are disposed to think,
prejudicially affects
compromise or not
and to pass a decree, it could not be understood as a decree passed by
the court with the consent ... decree. The decision in Pushpa Devi Bhagat (supra) has to be
understood that when a decree is passed without any dispute being raised
or contested
parte decree on the grounds of irregularity pointing out the mistake of the Court. The defendant can assail the Judgment and decree on merits also ... defendant has not entered contest in the suit and the Court of first instance has passed decree without entering into contentious issues, the same cannot
arbitral award, whether
passed on consent or on contest, has the status of a decree but such a
decree does not extinguish the charge
been directed against the order refusing to set aside a final decree :in Civil Suit No. 6-A/70 by the Additional District Judge, Burhanpur ... aforesaid amount. The suit was contested by the defendants by filing their written statements but eventually an exparte preliminary decree was passed against
opportunity to contest the suit by filing written statement and they, by their conduct, had allowed the ex parte judgment and decree to be passed ... reason to allow an ex parte decree to be passed when they had entered contest but due to unavoidable circumstances they could not file written
