truth and the contested decree does not fall within the meaning
of exparte decree. It is the contest further that petitions to set aside ... account of
non-appearance, the decree cannot be construed as ex parte decree. Once
there is a contest judgment, Order IX Rule
recording a compromise, it shall be open to the appellant to contest the decree on the ground that a compromise ought not to have been ... record a compromise, it shall be open to the appellant to contest the decree on the ground that a compromise ought to have been recorded
suit which resulted in a compromise decree. According to the learned counsel, the compromise decree is a creature of an agreement on which ... contested decree and a compromise decree. We have no hesitation to hold that a transfer pendente lite, whether the decree is on contest or result
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 ... Court below, it shall be open to the appellant to contest the decree on the ground that the compromise should or should not have been
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
wife suffered the decree in M.C.No.294 of 1994. There cannot be any distinction between ex parte decree and contest decree so long
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
money decree or atleast filed a third party appeal
against that so called ex parte money decree by the said
agreement holder-cum-decree holder ... specific performance, the decree
holder of money decree also did not make any third party
appeal against the decree for specific performance
contest, the suit was
decreed in favour of Rama Swamy. Aggrieved by the decree and judgment in
O.S.No. 15 of 1966, the defendants ... suit along with Kishan Rao and the 1st defendant herein; obtained decree;
contested the matter even in the appeal and got it confirmed. Even
sale. Said claim petition in E.A.No.89 of
2009 contested by decree holder/auction purchaser and the
J.Drs. remained exparte ... hardship to the decree
holder/auction purchaser and it is a contested decree and based
on that in execution, property was attached and after obtaining
