that the decree is not executable because the decree has been obtained ex parte. It is also contended that the plaintiff - decree holder ... does not mean that the decree is inexecutable. An ex parte decree is as well executable as a contested decree. Moreover, if the contention
legatee of the deceased decree-holder --second respondent herein -- if she is interested in contesting the appeal, she would have made an application under Order ... defaulting party' would be the appellant, who is contesting the decree, which he had already suffered. Because it is stipulated under Rule
prosecuting the litigation and another in contesting the litigation on the ground that the Judgment and decree are not binding ... defendant. But here is a case where the 2nd appellant is contesting the litigation for a limited extent taking the same stand which had been
Rule of the Court and pass a decree in terms of the award. The revision petitioner contested the said petition before Delhi High Court ... make the award the rule of the court and pass a decree. It also directed the transmission of the entire records to the Senior Civil
preliminary decree for partition and filed a petition in I.A.No.450 of 1998 for final decree. In the said application, after contest ... properties by metes and bounds as per the terms of the preliminary decree.The Commissioner filed his report before the trial court. Thereafter the trial
suit was contested by the defendants 1 and 2. After contest, the suit was decreed by judgment and decree dated 28-2.1985.
Thereafter, he requested ... also submitted in the review petition that by the date of the decree passed in the suit directing the defendants to effect alteration
said suit was contested by the defendant. In the written statement it was contended that the document dated 7.6.1961 was executed by the defendant under ... contest on 26.4.1988 and even LPA No. 437 of 1989 filed against the said judgment was dismissed on 29.11.1995. Thus, the decree
judgment and decree dated 18.5.1994 in A.S.No.44 of 1988 on the file of Additional District Judge, Hindupur, confirming the decree and judgment ... force 'A' to execute the decree and realise the amount due to him under the decree.
8. The reason given by the lower
have been bona fide contesting O.S.No.85 of 1969 the time taken in contesting the suit ... required for cancellation of a decree are not pleaded and proved by the plaintiffs. A decree obtained after full contest cannot be set aside
obvious reasons defendants 1 to 4 remained ex parte and did not contest the suit and the suit was decreed ... within 2 months from the date of this Judgment and Decree.
2. That the Suit against the defendant No.5 is dismissed as not pressed
