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 ... recording a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should not have been recorded
vested rights therein in terms of the judgment and decree passed by the
trial court in suit No.185 of 1989. It was furthermore contended ... consent decree, as is well known, is as good as a contested
decree. Such a decree must be set aside if it has been passed
decree in Civil Suit No.398 of 1980 was really a
decree on admission. It was not a compromise decree. In the
plaint in that ... assignor of the contesting defendants. It
is in that context that the contesting defendants have raised
the contention that the decree created fresh rights
submitted that in a partition suit till the
decree gets fully satisfied and executed each contesting
party remains as good as a plaintiff and consequently ... pressed in service
by any of the contesting co-owners till the final decree in
such a suit for partition gets fully executed and
implemented
suit was contested by the Respondent- State of West Bengal
by filing written statement. The Trial court passed a contested decree
in favour ... such judgment and decree, but the same
was also dismissed.
Eventually, the decree holder files the instant executing
case for executing decree so obtained, after
decree of divorce.
19
19. Aggrieved by the decree of divorce, the Appellant
filed an appeal and obtained a stay of the decree.
During ... spouse.
After entering into a settlement, he did not intend to
contest the decree of divorce. His intention was made
clear by filing
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
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
that an ex parte decree
is as good as a contesting decree unless it is set aside. An ex parte decree can
be set aside
whether the term "decree"in the first proviso
connotes ex-parte decree or the decree in general, we have
already come ... learned single judge, the decree passed in the suit was a
single indivisible decree and the ex parte decree was
accordingly set aside not only
