available to the opposite parties, since it is a
contest decree. It is submitted that plea of lack of communication
by the advocate hardly constitutes ... court having
decreed the suit on contest against the defendants, could under no
circumstance set aside a contest decree in exercise of power under
Order
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
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
respondents and was upheld by the High Court. The
decree having been passed after contest, cannot be interfered with
unless the counsel could prove perversity ... equity and good conscience of this Court beseeching
interference with a contested decree passed in favour of the
respondents.
11. It is no doubt true
Petition is maintainable in the eye of law when there is no decree at all in existence to be executed. Curiously, when the revision petitioner ... Subsequently, the same has been set aside and a contested decree was passed on 28.10.2004 dismissing the RCOP. The present E.P. Was filed
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
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
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
Thus, the
compromise/consent decree, which is as good as a contested
decree, even if void was required to be set aside. If the
compromise ... proceedings
leading up to the decree. In order to find out the meaning of
the words employed in a decree, the court has to ascertain
Thus, the
compromise/consent decree, which is as good as a contested
decree, even if void was required to be set aside. If the
compromise ... proceedings
leading up to the decree. In order to find out the meaning of
the words employed in a decree, the court has to ascertain
