parte money decree-Sale of property in execution-Decree set
aside before confirmation-If sale could be confirmed.
HEADNOTE:
The appellant, a stranger ... what
manner such sales may be set aside. Ordinarily, if no
application for setting aside a sale is made under any of
the provisions
decree-holder himself in execution of the ex-parte decree
and not by a stranger auction-purchaser. After the ex-parte
decree was set aside ... exparte decree and were purchased by the
decree-holder himself. After the confirmation of the sale,
the decree was set aside under
from the final decree. The final decree was dependent upon the preliminary decree and if the preliminary decree was set aside, the final decree would ... these observations the Court not only set aside the order of remand but also set aside the decree which was based upon it. The learned
decree and the final decree
which is being challenged by the appellant."
The High Court ordered
"We should in the result set aside ... Court has given its judgment and in
pursuance thereof passed a decree setting aside the said
final decree. If the High Court had held that
refuse to execute
the decree on the ground that the minary decree in support
of it has been set aside. In such a case ... final decree in order to maintain his appeal
against the preliminary decree. In such a case where the
preliminary decree is set aside the final
Judge, Jodhpur, dismissing the application of the appellants for setting aside an ex parte decree.
2. The facts which have led to this appeal ... suit was called on for hearing, shall make an order setting aside the decree.
There is no doubt that the court has power to impose
decree; and the
expression "knowledge of the decree" means knowledge of the
particular decree which is sought to be set aside ... decree in art'
164 means knowledge not of a decree but of the particular
decree which is sought to be set aside, a certain
possession in execution
of their decree for ejectment against the respondent-
tenants. Failing to get the decree set aside under ... Code
of Civil Procedure for having the decree set aside. That
application was dismissed on July 16, 1949. On September 9,
1949, an application
allowed and the decree passed by the High
Court is set aside, and the decree passed by the Trial Court
restored. There will ... allowed, the decree passed by the High Court is set aside
and the decree passed by the trial court restored. There
will be no order
January 1955, the appellant instituted the present suit
asking for a decree setting aside the release deed of
February 1952 on the ground that ... appellant, instituted the
present suit asking for a decree for setting aside Ex. B-1,
recovery of the suit properties and accounts. tie alleged
that
