appear before the lower Court on 5.6.2006, he was set exparte and an exparte decree was passed on 12.06.2006 against the petitioner/defendant. There ... herein did not appear before the Court, he was set exparte and an exparte decree was passed against the defendant/petitioner herein
order of this Court may be a decree, without
being such a decree as to supersede the decree of the
lower Court. All that this ... January 1922,
amounted to a decree or not, (b) if it was a decree,
whether the ex-parte decree can be held to have
days in re-presenting the petition to set aside the exparte decree dated 08.10.2002 in O.S. No. 15292 of 1996 was allowed with costs ... Subsequently, the defendants/respondents herein were called absent and an exparte decree was passed on 08.10.2002. For setting aside the exparte decree, an application
aside
the decree not only against the defendant applying for setting
aside the ex parte decree but also the decree passed in
favour ... contend that the decree to be set aside
must be a decree "against defendants and not a decree in their
favour", irrespective
exparte decree was
passed. The decree was executed and the landlord obtained
possession. The tenant filed an application for setting aside the
exparte decree ... contention was that once the Bombay Small
Causes Court passed the exparte decree it ceased to exercise
jurisdiction under Section 28 of the Bombay Rent
against the original owner Harris David and obtained an exparte decree against
him. The defendant herein with the collusion of the original owner Harris
David ... with conflicting
interest. Unfortunately, P.Dharmaraj not only concealed about the exparte
decree passed against him in this suit, but also concealed about his appearance
suit was decreed exparte in the year 2002. The appellants filed application A.No.5460/ 2003 to set aside the exparte Decree passed against them ... filing the application to set aside the exparte Decree.
4.In support of the application, the appellants filed affidavit stating that after the exparte Decree
been set exparte in the proceedings will definitely
have a right to seek to set aside the exparte decree that is passed against him
within ... person
who is set exparte in the year 2011, from filing an application to set aside an
exparte decree that is passed in the year
days in filing an application to set aside the exparte decree dated 19.02.2007 made in C.S.No.532 of 2001.
2. Appellants as Plaintiffs ... filed into court and consequently I had been set exparte and an exparte decree came to be passed as against me and the 2nd defendant
appear before the trial Court, they were set ex-parte and an ex-parte decree was passed on 28.08.2012. Thereafter, the defendants ... appear before the trial Court, they were set ex-parte and an ex-parte decree was passed on 28.08.2012.
15. Pursuant to the decree passed
