with respect to the
affairs of the judgment-debtor.
Restitution of the decree-holder for the loss(es) on account of delay
and obstruction ... shall endeavour to place the decree-holder
in the same position as he would have had been if the decree had been
satisfied soon upon
decretal amount in lump sum to the decree-holder and the decree-holder was to execute the decree.
(3) The appellant herein ... decree was passed after contest and he was nto liable since the plaintiff agreed to the contest decree and that too for receiving the amount
executing court is concerned in the case of a contested decree, it
would necessarily be making a limited enquiry (if objections are raised) whether ... grounds of challenge of a consent decree as against a
contested decree cannot be the same, the question is what are the grounds on which
protection afforded by Section 15 is primarily to a
person contesting the decree of divorce. As observed by Bobde, J. in
his concurring judgment ... different from a contested
one. Even Section 15 of the Act does not make any distinction between a
contested decree and an ex parte decree
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 I 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 ... 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
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
compromise decree and the res judicata
founded on a contested decree serve more or less the same
purpose ... consent decree, according to the decisions of this
Court, does not operate as res judicata, because a consent decree is
merely the record
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
letter. The petitioner was admittedly a defaulter who had suffered a decree in contested proceedings. He also resisted execution. Much later, he sought to avail ... contested by the petitioner, which suffered a decree. The petitioner did not satisfy the decree; it also contested the execution proceedings. The decree has become
