allowing an amendment of a compromise decree purporting to act under Section 152, C. P. C. On behalf of the petitioner herein, objection is taken ... compromise found a solution to the satisfaction of the contestants.
But the decree based upon it omitted the direction that the defendant Phillips should extend
liability, Section 151 Civil Procedure Code
comes to the rescue of the
decree-holder who could request the court to
enforce the bond ... Venkataraiu, . This position is not contested by the respondent.
3. This being the correct legal position, the decree-holder could have the bond enforced
doubt, the grant of relief claimed i.e., cancellation of the decree, is discretionary with the Court; albeit it is judicial discretion and the Court ... superior Court, whether it be a consent decree or ex parte decree or a decree passed after contest, can be always impeached on the ground
money, the office drafted the decree as a preliminary decree in a mortgage suit and therefore the decree is to be corrected in exercise ... years and 4 months after passing of the decree and that too when the decree is getting time barred for the purpose of execution
transaction altogether but makes it subservient to the rights based on the decree in the suit. In Veyindramuthu Pillai v. Maya Nadan , AIR 1920 Madras ... that a lis pendente transferee is bound by the decree whether on contest, ex parte, or on compromise. This obligation is cast on the transferee
intention to contest the matter by his endorsement "without prejudice". Ultimately the petitioner did not choose to contest and the petitioner ... jurisdiction of the Court and contests the claim or agrees to the passing of the decree with or without appearance. A mere filing
that the said Rajeshwar Rao though contested initially, remained ex parte and an ex parte decree was passed in favour of defendants herein favour ... therefore they are entitled for a decree for specific performance.
11. The defendants 1 to 5 contested the suit and filed written statements asserting that
suit was contested by the defendants and a decree was passed on 28.2.1985. Then he requested the officials to make necessary correction in the date ... representation of the concerned officer/officers and materials produced including decree of Civil Courts do not inspire confidence, resolved that representations for alteration of dates
ORDER :
The revision petitioner is the decree-holder in E.P.No.146 of
2010 of the decree obtained as plaintiff ... order of the lower
Court is on contest by appreciation of the oral evidence of the decree-
holder as PW.1 and another witness
partition of the suit schedule properties. A preliminary decree was passed on 7-10-1992 after contest. The plaintiffs filed an appeal questioning the Preliminary
