called setting aside the previous decree or declaring that the previous decree is not binding on him? In either case the result of the second ... that document. Similarly in the case of a decree, a decree will have full force and binding effect between the parties to the same until
applicant does not apply on the ground that the decree is binding on the firm or that the decree is good on merits. This ... decree in terms of the award. Seth Tikam Chand appealed but the appeal was dismissed.
24. The decree-holder attempted to execute the decree against
date of the decree, as he would not be after the partition, the decree would not be binding on him, though he might be liable ... property which was till then liable under the decree. If the decree was binding on the sons at the date it was passed, Section
Trial Court framed 19 issues including the
issue of binding nature of decree passed in RCS No.61 of 1978 and
whether Dhondubai is entitled ... were not parties to RCS No. 61 of
1978 and decree is not binding upon the Plaintiff.
Plaintiff has right to claim share
Trial Court framed 19 issues including the
issue of binding nature of decree passed in RCS No.61 of 1978 and
whether Dhondubai is entitled ... were not parties to RCS No. 61 of
1978 and decree is not binding upon the Plaintiff.
Plaintiff has right to claim share
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Executing Court, she stresses, has misdirected itself in holding that decree binds
the Obstructor and that he could have no independent defence. In fact ... decree". Here, the
Obstructor maintains he is not bound by the decree. So, as the Obstructor
contends, only those bound by the decree should
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Executing Court, she stresses, has misdirected itself in holding that decree binds
the Obstructor and that he could have no independent defence. In fact ... decree". Here, the
Obstructor maintains he is not bound by the decree. So, as the Obstructor
contends, only those bound by the decree should
part, to the compromise decree, filed the present suit for
a declaration that the Compromise decree was not binding on
the temple.
On the questions ... decree setting aside the decree complained
of and declaring that the agreement of compromise and the
decree complained of were not binding upon the appellants
decree passed in
that suit,
(ii) Whether a decree obtained by a creditor against the
heirs of a deceased muslim is binding upon the entire ... collusion or other ground which taint the
decree, a decree passed against the persons impleaded as
heirs binds the estate, even though other persons interested
decree-holder for the first time under the decree, whether with consideration or without consideration.
21. The deck having been cleared that a compromise decree ... showing that the decree was obtained by fraud, misrepresentation, misunderstanding or mistake and otherwise the decree would be binding on them, and would
