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
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
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 contract rescinded first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
paid full consideration to
the respondents. Therefore, the High Court set
aside the decree passed by the trial court, as
confirmed by the first appellant ... court having misinterpreted the legal
position, the High Court rightly set aside the
decree passed in favour of the appellant and
dismissed the suit
under Order 9 Rule 13 read with
Section 151 CPC for setting aside decree dated 30.6.1992. By two separate orders
dated 14.9.1992, the trial Court ... appeals are allowed, the impugned orders and the
compromise decree are set aside and the suit is restored to its original file. The trial
court
Rule 13 of the Code of Civil Procedure provides for setting
aside ex parte decree passed against the defendants. The Court, in terms ... reads as under :
"Provided further that no Court shall set aside a
decree passed ex parte merely on the ground that
there has been
that the dismissal of the appellant's application for setting aside ex-parte
decree does not suffer from any illegality.
A perusal ... parte
decree passed against the appellant.
....3/-
-3-
Accordingly, the appeal is allowed, impugned orders and ex-parte decree
are set aside and the application
plaintiff was decreed by the trial
court but the decree was set aside by the High Court. In
an appeal before this Court, the plaintiff ... laconic order.
56. Setting aside the order of the High Court, this
Court stated:
"The preliminary decree had remained unchallenged
since September
before the High Court.
7
10. In the impugned judgment, while setting aside the
concurrent findings of fact, the High Court observed that
"parties ... finding on the same question of fact.
While setting aside the decree of the second Appellate Court,
this court observed:
"It may be that
decree was, however, set aside on the application of Lalloo,
father of the accused persons, after setting aside the ex
parte decree on 19.2.1973. Thereafter
