purpose. The decree passed by the High Court awarding
Rs.11,250 as damages to the plaintiff must therefore be set
aside." (Underlining added ... view of the above, appeal is accepted. Impugned judgment
and decree is set aside. A decree is passed in favour of the appellant/plaintiff
under Order Ix Rule 13, Civil Procedure Code for setting aside ex parte decree dated 30th April, 1986, which was dismissed on 24th July ... employed tactics similar to the case in hand. Applications for setting aside ex parte decree in Suit No. 1602 of 1985 were heard together with
previous non-appearance the Court would have jurisdiction to set aside the order proceeding ex parte."
(5) On the other hand the contention ... 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
First
Appellate Court in RCA no. 76/2016 which set aside the decree granted in
favour of the appellant in her suit for eviction ... rejected.
5. In view of the above, the impugned order, setting aside the decree is
erroneous and cannot be sustained. Accordingly, it is set aside
committed grave illegality by brushing aside the established principles
of law by setting aside the mutual consent decree of divorce, which was
passed after ... inherent power to set aside a sale brought
about by fraud practiced upon the Court or to
set aside the order recording compromise
obtained
appeal
against the ex parte decree or he may seek to get the ex parte
decree set aside by the same court ... Rule 1 though an order
rejecting an application to set aside the decree passed ex parte falls
within Order 43 Rule 1 clause
been affected on the first wife. The said ex-parte decree was set aside by the Court which passed the decree on the ground that ... above, ex parte decree of divorce was granted to the respondent on 29.10.1984, which decree had not been set aside by that time. This decree
appellant) in execution
proceedings of the impugned judgment and decree. I therefore while
setting aside the impugned judgment and decree hold that the suit ... above, the appeal is accepted. The impugned
judgment and decree is set aside. Suit of the respondent/plaintiff stands
dismissed. Decree sheet be prepared. Trial
order. Similarly, suppose the trial Judge passes an
order setting aside an ex parte decree against the defendant,
which is not appealable under ... Rule 1 though an order rejecting an application to set aside the
decree passed ex parte falls within Order 43 Rule 1 clause
enforce their decree but as far as the court is concerned I cannot see any reason for refusing the decree ... appeal of the appellant is allowed. The impugned Judgment and decree are set aside and decree of specific performance of agreement dated
