been decreed ex parte since ultimately
they did not contest, and, it is contested decree as
against defendants No.13, 14, 16 and 17, whose ... case on hand, the decree in question
altogether was not an ex parte decree. It was a
contested decree as against contesting defendants
by determining
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
granted."
10. So far as drawing-up of a decree in a contested
proceeding is concerned, what is to be observed here ... decree in
strict sense within the meaning of Section 2 (2) of the Civil
Procedure Code. The decree that is drawn in a contested
probate
would therefore, be
clear that if he seeks avoidance of the instrument, decree or
contract and seeks a declaration to have the decrees set aside ... 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. The exceptional situation compels the Court to
examine in its discretion any particular circumstance. The decree
obtained after full contest shall ... part of the
decree holder to deposit the amount does not render the decree
ineffective. A decree obtained after lawful contest should not be
allowed
immovable
property, appellant craved for setting aside the ex parte decree.
Contesting the application, respondent-plaintiff filed a detailed
reply. In the return, respondent-plaintiff ... appellant
in contesting the suit and therefore no plausible cause much less
sufficient is forthcoming for setting aside ex parte decree
revision petitioners to defend the suit, as only a contested Decree will
do substantial justice to either parties.
14.Again it is needless
given to the revision petitioner to get a contested decree.
12.Hence I am of the considered view that the petitioners herein and the respondents ... herein must get a contested decree on merits. At the same time, because of the delay caused by the revision petitioners, they have
judgment and decree dated 14.10.2005, decreed the suit.
3.Pursuant to the decree passed in O.S.No.7106 of 2000, the plaintiff filed ... contesting the Execution Petition, the present petition seeking for condonation of delay of 4256 days was filed only on 13.11.2017. When a contested decree
that the
petitioner herein was set ex-parte and an ex-parte decree was passed
against him on 21.12.2005. To set aside the same ... parties by way of ex-parte decree and it should a contesting decree.
Considering the same, in order to give one more opportunity
