under:-
"11. The aforesaid provision reads as under:-
"13. Setting aside decree ex-parte against defendant.- In any
case in which a decree ... called on for hearing, the Court
shall make an order setting aside the decree as against him upon
such terms as to costs, payment into
Limitation Act, 1908 had provided inter alia for suits to
set aside decree obtained by fraud. There was no specific article to set
aside ... date when the facts entitling the plaintiff to have the decree set aside, first
became known to him."
(Underlining Added)
7. In the present
setting aside the judgment of the trial court. The first appellate court
by its judgment dated 17.1.2015 after setting aside the judgment and
decree dated ... judgment and decree dated 2.5.2012 is set
aside, all reliefs granted by the same will be set aside. No doubt, first
appellate court
impugned order dated 06.11.2013 in Execution No. 20/2012 are set aside.
Decree sheet be prepared accordingly.
Trial court record be sent back with ... impugned order dated 06.11.2013 in Execution No.
20/2012 are set aside. Decree sheet be prepared accordingly."
The finding in the impugned judgment dated
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
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
profits,
which are properly consequential on such variation, reversal, setting
aside or modification of the decree or order].
Explanation.--For the purposes of sub-section ... Section 144 CPC speaks not only of a decree being
varied, reversed, set aside or modified but also includes an order on a par with
properly done. It was hence
prayed that the decree be set aside. There are also averments made
with respect to merits of the suit ... that too without waiting for the limitation period for challenging/setting
aside the decree to expire. It is extremely difficult to believe that the
plaintiff
view of the above, the impugned judgment and decree is
therefore set aside in that it holds that there existed a premises and
respondent/defendant ... impugned
judgment and decree dated 21st December, 1999 is set aside. The decree
of possession is passed in favour of the appellants/plaintiffs and against
parties have therefore, agreed that the impugned
judgment and decree be set aside and the suit be dismissed. It is agreed
that the appellant ... above, the appeal is accepted. The impugned judgment
and decree is set aside and the suit would stand dismissed. Decree sheet be
prepared. However
