Small Cause Court decree against him must comply with, in order to be able to have the ex parte decree set aside.
11. It appears ... set aside but merely stating that he intends to file an application asking for an order to set aside the decree, and asking
Court had no jurisdiction to set aside, except by way of appeal; and that without setting aside the decree the plaintiff could not get back ... set aside an ex-parte fraudulent decree, although no endeavour has been made to get the decree set aside and suit revived under Section
plaintiff succeeds in the suit, and gets the consent-decree set aside, any application in the previous suit, either to revive it or proceed with ... order or decree is passed by such Courts in matters within, their exclusive jurisdiction, such order or decree cannot be set aside by another Court
declaration that that decree is not binding on him than that he should ask that the decree itself should be set aside. There may even ... decree to make was that the previous decree was not binding on the particular Plaintiff concerned, not that the previous decree should be set aside
reads as under :
Power to set aside decree : After decree the Court may, under special circumstances, set aside the decree, and if necessary stay ... under :
"4. Power to set aside decree : After decree the Court may, under special circumstances, set aside the decree, and if necessary stay
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 ... nature that it
cannot be set aside as against such defendant only it may be set
aside as against all or any of the other
impeached. She ought to have applied, if possible, to have the decree set aside under Section 108, Civil Procedure Code, if she complained only ... decree has been passed ex parte. He has to apply to the Court which passed the decree for an order to set it aside
defend the suit.
4. Power to set aside decree.—After decree the Court may, under
special circumstances set aside the decree, and if necessary
stay ... setting aside the decree; to grant further relief in regard
to post-decree matters, namely, staying or setting aside
the execution and also in regard
abatement is set aside the merits of the dispute can be determined while, if the abatement is not set aside the appellant is deprived ... whether an ex parte decree should be set aside. The provision for setting aside the ex parte decree is made under
debtor was set aside under O. 9, R. 13, it was held that the Judge was in error in setting aside the decree against ... Such a decree is not one and indivisible. Nor would there be inconsistent decrees if the decree if th decree is set aside only against
