set aside a decree is open only in respect of an ex parte decree and cannot be resorted to if the decree passed upon contest ... reason or any evidence.
29. Hence the prayer for setting aside the decree with the submission that the Hon'ble Appellate Tribunal would
liable to be set aside and accordingly it is set aside.
13. Then remains the only application filed by the appellants ... set aside and I. A. No. 817 of 1996 filed by the appellant to set aside the ex parte decree is allowed and the appellants
application analogous to Order IX Rule 13, CPC for setting aside ex-parte decree, on grounds, has been rejected. On the other hand, the contention ... application and likewise reject an application of the defendant for setting aside ex-parte decree.
10. Under Sub-section (1) of Section 22 , the Tribunal
Sess), a seller of shares obtained a decree against the purchaser. The decree set aside the sale on the ground of fraudulent misrepresentation
consequent failure of justice.]
1[21A. Bar on suit to set aside decree on objection as to place of suing.
No suit shall lie challenging ... justice. Section 21A of the Civil Code, mandates that to set-aside a judgment, alleging lack of territorial jurisdiction, a separate suit cannot be filed
Kumar approached the Tribunal below for setting aside the ex parte decree by means of restoration application as stated above.
6. I have heard ... amendment) which provides that no Court shall set aside the decree passed ex parte merely on the ground that there has been an irregularity
recourse to an application under Order
IX. Rule. 13 to set aside the exparte decree. The entirety of the
evidence of the plaintiff might ... then follows the remedy of the
party to have that decree set aside by application under Order IX.
Rule 13. There is thus no hiatus
recourse to an application under Order
IX. Rule. 13 to set aside the exparte decree. The entirety of the
evidence of the plaintiff might ... then follows the remedy of the
party to have that decree set aside by application under Order IX.
Rule 13. There is thus no hiatus
case we set aside the order
impugned and condone the delay in filing the application for setting
aside ex-parte decree. To avoid further delay ... setting aside the orders
impugned. The appellant's application for condoning the delay and for
setting aside the ex-parte decree shall stand allowed
year 1995
but later on, the ex parte decree was set aside and
the suit was restored to the original number.
However, in the interregnum ... suit property to three persons; when
the ex parte decree was set aside and the suit was
restored to its number, the said purchasers came
