fixed by the decree. On this analogy it, therefore,' follows that if the decree is in the nature of preliminary decree and the Court ... passing of the decree for specific performance. The defendant could not pay the money even up to the date of decree rescinding the contract. Thus
decree. But before the lapse
of reasonable time from the date of the decree the appellant
could have no right to have the decree rescinded ... decree. Before the lapse of a reasonable
time from the date of the decree, the appellant could have
no right to have the decree rescinded
validly rescinded or in the alternative to
rescind the agreement contained in the consent terms and the decree if any and
seeks injunction against ... apply to the application for rescission of consent
decree. Defendants have rescinded a decree. If plaintiffs are aggrieved by such
act on the part
validly rescinded or in the alternative to
rescind the agreement contained in the consent terms and the decree if any and
seeks injunction against ... apply to the application for rescission of consent
decree. Defendants have rescinded a decree. If plaintiffs are aggrieved by such
act on the part
Munsif for disposal according
to law whereupon the Munsif rescinded the decree. On an
application by the landlord under s. 115 of the Code ... Civil Procedure against the order of the Munsif rescinding
the decree the High Court held that the question of
applicability
23rd/27th November, 1962, the appellant filed an application for rescinding the decree for judicial separation purporting to be one under Order 9, Rule ... decree for judicial separation should
be rescinded. Nothing can be more just
and reasonable than to rescind a decree
when it is quite clear that
court that passed the decree does not become
functus officio on passing the decree. It retains control over the
decree even after it is passed ... executed pursuant to the
decree, the Court that passed the decree is vested
with the jurisdiction to either rescind the contract /
the decree
said consent decree. It is further alleged that the circumstances have totally changed and if the said consent decree was not rescinded the appellant would ... said consent decree and of the fact that a portion only of the said decree was sought to be rescinded or set aside
such decree or order, the court by which the
decree or order was made may, if it is of opinion that the
decree or order ... application to the Court which had passed the decree praying
that the decree may be rescinded or varied in accordance
with the provisions
satisfied of the truth of the statements made in such
petition, rescind the decree if it considers it just and
reasonable to do so.
Section ... satisfied of the truth
of the statements made in such petition, rescind the decree
if it considers it just and reasonable
