furtherance to its zeal to somehow get the ex-parte decree set
aside, the appellant preferred an appeal before the Appellate
Tribunal against the order ... same set aside, except when a recovery certificate had
been issued by the competent authority. Thereafter, their prayer
for setting aside ex-parte decree
appellants, filed suit No. 1075 of 1996 seeking cancellation/setting
aside of the decree dated 8.5.1996 passed in favour of respondent ... appellants' father filed another suit No. 1075/1996 for
setting aside the decree dated 8.5.1996 in Civil Suit no.60/1989
Procedure Code
(hereinafter called ` CPC ' for short) for setting aside
the ex-parte decree.
2. According to the appellants/defendants, this
application was moved ... court had no jurisdiction to
entertain the application for setting aside the decree.
He has based this contention on the basis of a reported
decision
Explanation.- A suit to set aside an award shall be deemed
to be a suit to set aside a decree within the meaning of this ... suit for possession it is not always
necessary to set aside a decree or a document. Where a suit is
merely for possession
Procedure [for short
" C.P.C ."] for setting aside the ex parte decree. The said
application however after consideration was rejected ... therefore, the same was decreed. The
application filed for setting aside the decree was also
rejected by the Additional Civil Judge, Allahabad on
04.05.1989. Against
allowed the
appeal filed by the original defendant, set aside the judgment and
decree of the trial court, and consequently dismissed the suit filed ... judgment and decree dated
16.11.2005 allowed the appeal and set aside the judgment and
decree of the first appellate court. In the aforesaid judgment
Singh through impugned decree passed in Civil Suit No.
165/79. Consequently, the decree is liable to be set
aside and the plaintiff is entitled ... argument of the learned
counsel. The learned Trial Court set aside the decree
passed is Civil Suit No. 165/1979 on the ground that
Rule 13, on October 7,
1
1978 for setting aside the ex-parte decree. This
petition was dismissed by the Judge, Small Causes
Court, Gorakhpur ... petition for setting aside the decree was made
on October 7, 1978. The ex-parte decree was finally
set aside on January
Therefore the first appeal was allowed,
judgment and decree of the Trial Court were set aside. The suit filed
by the plaintiffs/appellants was decreed ... judgment and decree of
the Appellate Court was set aside. The judgment and decree of the
Trial Court was confirmed. This judgment is challenged before
Thus, the judgment and decree impugned are
liable to be set aside.
40. In view of the above, the impugned judgment and decree dated ... Court of Punjab & Haryana at Chandigarh are hereby set aside
and the judgment and decree of the courts below are restored. The
appeal
