judgment and decree could be set aside/rescinded.
Rule 13 of Order IX reads as hereunder:-
13. Setting aside decree ex parte against defendant ... set aside as against all or any of the other
defendants also:
[Provided further that no Court shall set aside a decree
passed ex parte
senior
counsel for the plaintiff/non-applicant that the power to set aside decree can
CS(OS) No.2656/2008 Page ... under:-
"4. Power to set aside decree - After decree the court may,
under special circumstances, set aside the decree, and if
necessary stay
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
There is no dispute that Article 59 would apply to
set aside the instrument, decree or contract between the
inter se parties. The question ... date when the facts
entitling the plaintiff to have the decree set aside, first
became known to him."
CS (OS) No.1409/2007 Page
though an order rejecting an application to set
aside the decree passed ex parte falls within O. 43 R.l cl. (d) and is
appealable ... set aside, which
seriously prejudices the plaintiff and consequently, is appealable: "therefore, the
order passed by the Trial Judge setting aside the ex parte
applicant/defendant No.2 in these applications for setting aside of
the decree and for condonation of delay of 1075 days in applying therefor
does ... Order
XXXVII Rule 4 of CPC empowers the Court to set aside the decree only
"under special circumstances". Supreme Court in Rajni Kumar
application under Order 9 Rule 13 of CPC to set aside ex parte decree of
5th January, 2013. Impugned order notes that the receipt ... set aside upon
putting appellant to terms.
FAO 417/2015 Page 4 of 5
Consequentially, impugned order is set aside and appellant's
application
respect
of institution of a separate suit for setting aside a decree on
basis of a compromise.."
As is evident from the entire discussion ... filed an application on 18.05.2006
praying that the compromise decree be set aside. Yet, the present application
was filed only in December 2010, and, therefore
said course of action is permissible and does not
require setting aside of the decree of ejectment on admissions. It is always
open ... setting aside thereof including by pursuing
RFA no.75/2015. Ashok cannot be permitted to on the one hand seek setting
aside of the decree
been returned by the
learned First Appellate Court setting aside the judgment and decree
with regard to the fixation of mesne profits ... present
second appeal before this Court assailing the judgment and decree
dated 06.08.2014 setting aside the rate of mesne profits fixed by
the learned Civil
