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 holder. Since the decree holder filed the aforesaid
application, Gurdev Singh one of the brother of Sarwan Singh
(decree holder) filed objection petition ... land in question with which judgment
debtor had no concern. The decree holder contested the objection
petition filed by Gurdev Singh which was ultimately dismissed
pending before the District Court to itself and proceeded to pass a decree by
mutual consent by treating the same as one under Section ... such application can be filed
even in a pending appeal against contested decree of dismissal of the suit for
divorce before a High Court
every day's delay and inasmuch a decree has been passed after full contest and trial of the case an application filed ... application has been filed by him to set aside the contested decree passed on merits and the suit has been contested by other defendants
well settled that an ex parte decree is binding as a decree passed after contest on the person against whom such an ex parte decree ... full decree on merits'. A decree which is passed ex parte is as good and effective as a decree passed after contest. Before
contend that the consent decree is as good as contested
decree and, therefore, the learned lower appellate Court committed an
error in holding that
void. But if the same having resulted in grant of a decree, the decree based on compromise was required to be set aside. The compromise ... 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 where the said decree was of such a nature that it is expedient in the interest of justice to set aside the decree ... nature of the decree in question. If the decree is indivisible, the Court would be at liberty to set aside the decree not only against
distinguished the exparte decree and contesting decree. Any issue
directly and substantially heard and decided in the previous suit will act as a bar
under ... well settled that an ex parte decree is binding
as a decree passed after contest on the person against whom
such an ex parte decree
against the defendants 2 & 3 / revision petitioners herein while a contested decree was passed against the 1st defendant. There was a delay ... pendency of the suit as well as the decree passed against them and the decree has been passed against them for removing the encroachment made
