provides
that, "No suit shall lie to set aside a decree on the ground that
compromise on which the decree is passed ... against decree passed with the consent of
parties, it implies that such decree is valid and binding on the parties
unless set aside
10424/2022 JUDGMENT DATED: 20/01/2023
undefined
suit for setting aside a decree on the ground that compromise upon
which the decree was based ... compromise to be set aside and whereas since the effect of
grant of such prayer would be virtually setting aside the decree itself,
it could
both regular appeal under
Section 96 and an application for setting aside exparte
decree by taking recourse to Order 9 Rule 13 of the
Code ... Section 105 , the pending applications for review or for
setting aside exparte decree would become
infructuous. (See Bhanu Kumar Jain v. Archana Kumar
and another
instrument or decree the plaintiff to have the
or for the rescission of a instrument or decree
contract. cancelled or set aside or
the contract ... plaintiff to have
decree or for the the instrument
rescission of a or decree
contract. cancelled or set
aside or the
contract
rescinded first
become
trial Court in
R.C.S. No. 128/93 and set aside the decree. Before that, execution
petition No.27/96 is already filed ... appeal, revision or other
proceedings or is set aside or modified the decree
or order) shall on the application of any party
entitled
with effect from 1-2-1977
barring any suit to set aside a decree on the ground that the
compromise on which the decree ... Order 43.
(iii)No independent suit can be filed for setting aside a
compromise decree on the ground that the compromise was not
lawful
facts entitling the
plaintiff to have the instrument or decree
cancelled or set aside or the contract rescinded
first become known to him.
Description ... instrument or decree or for entitling the
the rescission of a contract plaintiff to have
the instrument
or decree
cancelled or set
aside
issuance of a writ of certiorari or direction quashing and setting
aside the consent decree dated 24.08.2000 passed by the
Civil Judge (S.D.), Vadodara ... petitioners to avail
the remedy for filing the suit by setting aside the decree, which
is obtained through fraud and is nullity in the eyes
from the date of making
such a reference.
19. APPLICATION FOR SETTING ASIDE
DECREE, AWARD OR ORDER:
No application for setting aside any
decree, award ... such
court: Provided that pending disposal of
the application to set aside the decree,
award or order, the court shall order
that such percentage
parties, the appeals were partly allowed and
quashed and set aside the decree passed on the basis of
alleged pursis. The District Judge, by remanding ... submitted that, the First
Appellate Court was not justified in setting aside the decree
passed by the trial Court as before the Court, the respondents
