liable to be set aside."
18. Order IX, R.13 CPC read as under:
"Setting aside decree ex-parte against defendant ... set aside as against all or any of the other defendants also;
Provided further that no Court shall set aside a decree passed
ex-parte
suit. -- No suit shall lie to set aside a
decree on the ground that the compromise on which the
decree is based was not lawful ... reads thus:
"No suit shall lie to set aside a decree on the
ground that the compromise on which the
decree is based
suit. -- No suit shall lie to set aside a
decree on the ground that the compromise on which the
decree is based was not lawful ... reads thus:
"No suit shall lie to set aside a decree on the
ground that the compromise on which the
decree is based
suit. -- No suit shall lie to set aside a
decree on the ground that the compromise on which the
decree is based was not lawful ... reads thus:
"No suit shall lie to set aside a decree on the
ground that the compromise on which the
decree is based
suit. -- No suit shall lie to set aside a
decree on the ground that the compromise on which the
decree is based was not lawful ... reads thus:
"No suit shall lie to set aside a decree on the
ground that the compromise on which the
decree is based
suit. -- No suit shall lie to set aside a
decree on the ground that the compromise on which the
decree is based was not lawful ... reads thus:
"No suit shall lie to set aside a decree on the
ground that the compromise on which the
decree is based
set aside in toto.
19. Mr. Mehta on behalf of the applicant submitted that dismissal of the
Suit and setting aside the decree in toto ... decree or
the judgment being actionable by any of the parties claiming benefit in
the decree as it stood prior to its being set aside
Kadam 8/24
wp 5459.15.doc
reference.
19. Application for setting aside decree, award or order.-
No application for setting aside any decree, award ... Small
Enterprises Facilitation Council.
Section 19 of the Act provides setting aside decree, award or
order made by the Council which acts like an arbitrator
proper on the part of the trial Court to set aside the said
decree without any sufficient reason being made out by the
respondent ... years and setting aside the exparte judgment, being
against the mandate of the law, needs to be quashed and set aside.
9] Per contra, learned
whether the first appellate Court
could have set aside the decree of the trial Court
in its entirety?"
10. Shri Kothari, learned Counsel appearing ... already confirmed the dismissal of the
counterclaim and by setting aside the decree of the trial Court in the
impugned judgment and order, a situation
