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
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
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
first suit, and that, since the Court had granted a decree in the first suit, it must be held that it had decided the question ... That defendant obtained a mortgage decree, in execution of which both items were sold and were purchased by the decree-holder himself. After confirmation
other two defendants. On the 24th July 1908, a decree upon contest was made against the first three defendants, and an ex parte decree against ... appellant after an appeal had been preferred against the decree by the contesting defendants? And, thirdly, was the application barred by limitation
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
restitution of excessive area wrongly delivered to
the decree-holder. The respondent decree-holder contested
the application and one of the ground raised was that ... restitution of excessive area wrongly
delivered to the decree-holder. The respondent-decree-holder
contested the above application. Apart from the other
objections
other two defendants. On the 24th July, 1908, a decree upon contest was made against the first three defendants, and an ex parte decree against ... appellant after an appeal had been preferred against the decree by the contesting defendants? And, thirdly, was the application barred by limitation
claimed was a joint decree against all of them. The result of the consent decree and of the decree on contest was that there ... decree had been made ex parte took steps to have the decree vacated in so far as she was concerned. The decree, however, remained untouched
would be unsafe to treat anything short of a decree in a suit contested to the end as coming within the ruling in the Shiva ... must have been passed after full contest, and a compromise decree or a decree on an arbitration award can have no higher footing than
