allowed and the decree passed by the High
Court is set aside, and the decree passed by the Trial Court
restored. There will ... allowed, the decree passed by the High Court is set aside
and the decree passed by the trial court restored. There
will be no order
plaintiffs then filed suit No.
54 of 1949 for a decree setting aside the summary order
passed in the execution proceeding, claiming that the
debt ... sold in execution
of a money decree against the father and the sons sued to
set aside the sale in so far as is affected
suit is incompetent.
The High Court accordingly set aside the decree in favour of the appellants for refund of tax and confirmed the injunction restraining ... High Court was, in our judgment, in error in setting aside the decree passed by the District Court on the ground that a suit
this view, the High Court was certainly right in setting
aside the decree of the Civil Judge, for the Civil judge
refused to past ... certainly within
its rights to set aside the said decree.
In the result, the appeal fails and is dismissed with costs.
Appeal dismissed
also should not exceed 3 per
cent per annum.
We set aside the decree passed by the High Court and
substitute the following decree
court had no jurisdiction to set
aside the sale. A single Judge of the High Court, in
revision, set aside the order on the ground ... set aside the sale. The High
457
Court of Gujarat in exercise of powers under s.115 of the
Code of Civil Procedure set aside
HEADNOTE:
The order of dismissal against the appellant
was set aside by the High Court, holding inter
alia, that reasonable opportunity was set afforded ... Constitution. The
High Court, accordingly, allowed the appeal, set
aside the decree of the Civil Judge and granted a
declaration that the order passed
decree in
ejectment and for recovery of rent against two defendants
and obtained a decree. In appeal the District Judge set
aside the decree, against ... same suit based on the same cause of action. This Court
set aside the judgment of the High Court observing that even
though Mohan
Commissioner Of Sales Tax,Uttar ... vs The Modi Sugar Mills Ltd on 31 October, 1960
heirs of Shadi. The High
Court of Punjab set aside the decree passed by the District
Court and restored the decree of the Trial Court ... force in the Punjab a declaratory decree
obtained by the reversionary heir in an action to set aside
the alienation of ancestral property enured
