amended s. 15 of the Preemption Act and set aside the decree
for preemption passed in favour of the first respondent. In
this connection learned ... Judges, on a
construction of s. 31 of the Act set aside a decree for pre-
emption passed in favour of the respondent before
filed an application
under Order 9 Rule 13 for setting aside the ex-parte decree which was
dismissed by the trial court on 25th January ... tenant. Application under Order 9 Rule 13 to set aside the ex parte
decree was dismissed. It was confirmed on appeal. Revision was dismissed
afresh and allowed the
appeal of first defendant and set aside the judgment and decree of the
trial court, dismissing the suit of the plaintiff ... allowed. The impugned judgment passed
by the High Court is set aside and decree of the trial court is affirmed
with the conditions imposed
November 6, 1967 the High Court allowed
the appeal setting aside the decree of the lower appellate
court and restoring that of the trial court ... failed to prove
their case of bona fide requirement, set aside the decree of
the appellate court, and restored that of the trial court
dismissing
direction removing them from office. On appeal the
said decree was set aside by the Chief Court on March 7,
1946. It was contended ... decree by preferring
an appeal to the Chief Court. Their appeal succeeded and on
March 7, 1946, the decree under appeal was set aside, though
illegality and
the aggrieved party would be entitled to have the decree set
aside by preferring an appeal against it. As has often been
said ... therefore the aggrieved party would be
entitled to have the decree set aside by preferring an
appeal against it. But it is well settled that
application
under Order IX Rule 13 CPC for setting aside the ex-parte
decree. After considering the contentions of both the parties, the
said application ... that the time spent in
prosecuting the proceedings for setting aside the ex-parte decree
under Order IX Rule 13 CPC is wholly irrelevant since
document
PW-1 I/A. Accordingly the High Court set aside the decree
for specific performance, allowed the appeal and passed a
decree ... counsel for the respondent
submits that the High Court rightly set aside the decree
because the trial court as well as the lower appellate court
court granted a
decree for eviction. The first appellate Court set aside
the decree for eviction. It came to the finding that the
business ... starting this
132
new business. The Additional District Judge accordingly set
aside the decree for eviction passed against the appellant
and dismissed the suit
felt that the application for
setting aside the exparte decree was filed belatedly, the court could
have given an opportunity to the appellant to file ... application
under Order IX Rule 13 of the Code and setting aside ex-parte
decree and the judgment dated 8th November 2016.
21. We should
