prefer an appeal against such a
decree or cannot move for getting ex parte divorce decree
set aside under Order IX Rule 13 CPC . Such ... application to have the decree set aside.Once
he is permitted to make an application for setting
aside a decree in spite of service under
against whom a decree is
passed ex parte, to apply to the Court which passed the decree, to set it
aside. This liberty is, however ... 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
compromise decree upto this court
and two persons have challenged compromise decree before Civil Court and
Appellate Court. If compromise decree is set aside ... Judge, Sirsa deserves to be set aside and accordingly set aside. Appeals arising
out of impugned judgment and decree dated 16.12.1994 are hereby allowed.
(JAGMOHAN
decree.
26. It is, therefore submitted that the said preliminary decree has
been obtained under misrepresentation amounting to fraud and thus,
can be set aside ... High Courts.
62. He also submits that for a decree to be set aside on the ground
of fraud, fraud must have been committed
application under Order IX Rule 13 C.P.C . for setting aside the decree as well as an objection under Section ... whether there is any order of stay or order of setting aside the decree of eviction passed against the judgment-debtor respondents.
List this matter
provides
that, "No suit shall lie to set aside a decree on the ground that
compromise on which the decree is passed ... against decree passed with the consent of
parties, it implies that such decree is valid and binding on the parties
unless set aside
from the final decree. The final decree was dependent upon
the preliminary decree and if the preliminary decree was set aside,
the final decree would ... proceedings directed and controlled by the preliminary decree and
based thereon......When a preliminary decree is set aside the final
decree is superseded whether
provisions of Order 9 Rule 13 CPC reads thus:-
"13. Setting aside decree ex parte against
defendants.- In any case in which a decree ... 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
set aside.
Therefore, the plaintiff prayed for dismissal of the application filed by the
defendant to set aside the ex parte decree dated ... setting aside the order of dismissal passed by the learned Judge in the
application filed to set aside the ex parte decree in the suit
suit on the ground
of fraud shall not lie to set aside compromise decree in garb of
fresh partition suit.
7. Learned senior counsel ... decree. As discussed above, a
party to a consent decree based on a compromise to challenge
the compromise decree on the ground that the decree
