1986 operates as Res Judicata. When the contested decree in
O.S.No.352/1986 was confirmed by the Appellate Court / District Judge,
Coimbatore ... Expert is very
much essential to prove his case that the contested decree in O.S.No.352/1986
was obtained by playing fraud upon
1986 operates as res judicata. When the contested decree in O.S.No. 352/1986 was confirmed by the Appellate Court/District Judge, Coimbatore ... Expert is very much essential to prove his case that the contested decree in O.S.No. 352/1986 was obtained by playing fraud upon
decree decided under Section 47 by the Court executing the decree, when his interest is affected either by the decree itself or by the sale ... from the proceedings. The contest not being a contest between the parties to the suit or their representatives, but a contest between persons claiming under
plaintiff's right as the assignee of the decree was contested by the grandsons unsuccessfully and, therefore, the orders in those proceedings operated ... precluded by any principles of res judicata from contesting any validity of the decree or the sale in pursuance of the decree.
27. Mr. Kesava
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
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
order or decree is conclusive proof
that any legal character, which it confers accrued at the time when
such judgment, order or decree came into ... between a decree on contest and an ex-parte decree,
since, like a decree on contest, an ex-parte decree is also a decree passed
record a compromise, it is open to the appellant to contest the decree on the ground that the compromise should or should not have been ... 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
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
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
