dispute. It reads as
under:
"13. Setting aside decree ex parte against
defendant.- In any case in which a decree is passed ex
parte ... 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
Code of Civil Procedure reads as under :
"13. Setting aside decree ex parte against
defendants.--In any case in which a decree is
passed ... 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
having resulted in grant of a decree,
the decree based on compromise was required to be set aside. The
compromise may be void or voidable ... aside. A consent decree, as is well known, is as good as a contested
decree. Such a decree must be set aside
granted.
1. Jurisdiction of a Land Revenue Court to set aside an ex-parte
decree is in question in this appeal which arises ... provisions
of civil procedure code relating to setting aside
of ex parte decree have no application to such a
case."
Holding that the application
granted.
1. Jurisdiction of a Land Revenue Court to set aside an ex-parte
decree is in question in this appeal which arises ... provisions
of civil procedure code relating to setting aside
of ex parte decree have no application to such a
case."
Holding that the application
Title Suit being No. 4/1994 inter
alia for setting aside the decree passed in Partition Suit No. 17/1976 as
also for setting aside ... direct the affected party to file a separate suit for setting
aside the decree obtained by fraud. Inherent powers are powers, which are
resident
High
Court allowed the appeal once again and set aside the judgment and
decree of the trial court.
4. Both the parties filed review petitions ... property in the event the appeal is allowed and the decree is set aside.
The court only at the time of passing a judgment
consent
decree has been acted upon. Once that consent decree has been acted
upon, the question of reopening the entire suit by setting aside ... cancellation. When a document is
void ab initio, a decree for setting aside the
same would not be necessary as the same
filed
by the Appellant against the order dated 15.7.2002 setting aside the decree
passed in the suit for specific performance of contract in part ... decree stands modified but
such modification of a decree is not an ancillary or a supplemental
proceeding so as to be revived upon setting aside
plaintiff to have the
decree or for the instrument or decree
rescission of a cancelled or set aside or the
contract. contract rescinded first
become ... date when the
facts entitling the plaintiff to have the decree set
aside, first became known to him."
{See also Sneh Gupta vs. Devi
