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
without being served with the notice of application for
substitution and any decree passed without notice to him
will not be binding on him, therefore ... trial court by other legal representatives who
never chose to contest the decree. Therefore, this type of
delaying tactics should not be encouraged.
From
tenanted premises, he was
not serious in contesting the suit and consequently, in the event
of a decree for eviction being passed, the family members ... conditions : first,
that the tenant has given up the contest or is not interested in
contesting the suit and such giving up by the tenant
costs of the suit against the defendants contesting
the plaintiffs claim and the suit; and
(v) decree for any other relief or reliefs to which ... preceding the institution of the
suit.
The suit was seriously contested. By judgment and decree
dated 10.01.1994, the Trial Court directed the suit
goods
and sale proceeds be appropriated in satisfaction of the
decree with personal decree against the defendants for
the amount remaining, if any.
(f) Court ... bungalow
and appropriate the said proceeds in satisfaction of the
decree with a personal decree for the remaining amount,
if any.
It appears that
compromise or not and to pass a decree, it could not be
understood as a decree passed by the court with the consent of parties ... imprimatur of the court and it becomes a decree, or the court proceeds to
pass a decree on merits rejecting the compromise
Bombay has passed two decrees (both exparte) against the
appellant-One decree is
for recovery of Rs. 14,53,327.23 ps. and interest thereon ... parte
decree dated 9.7.2003 is set aside and the ex-parte decree dated
9.7.2003 is set aside. The
ex-parte decree dated 3.7.2003 is also
appellate court disposes of the appeal after a contested hearing, the order or decree of the original court merges into the appellate order or decree
defendant did not file any appeal against the judgment and decree. On 7.7.1997, he moved an application before the trial court under Order 47 Rule ... passing of the judgment and decree of the trial court.
5. The review application was contested denying all the factual averments made in the application
judgment and decree of the lower appellate Court, dismissing his suit for declaration of title, in reversal of the decree of the trial court which ... Authority refusing to recognise a Civil Court's decree which was secured without any contest in the suit found to be obviously collusive
