exparte decree was
passed. The decree was executed and the landlord obtained
possession. The tenant filed an application for setting aside the
exparte decree ... Rent Act having passed the exparte decree,
an application to set aside the decree could be made only to that
Court.
27. It was then
abatement is set aside the merits of the dispute can be determined while, if the abatement is not set aside the appellant is deprived ... whether an ex parte decree should be set aside. The provision for setting aside the ex parte decree is made under
debtor was set aside under O. 9, R. 13, it was held that the Judge was in error in setting aside the decree against ... Such a decree is not one and indivisible. Nor would there be inconsistent decrees if the decree if th decree is set aside only against
parte decree was passed dissolving the marriage. On learning of the decree, the wife filed an application on April 19, 1979 for setting aside ... parte decree under the Act being a well considered decree, the Legislature has deliberately not provided for its being set aside by the device
parte decree does not vary or reverse the decree by sub-stituting a different decree instead and the decree when set aside in a separate ... restitution arising out of setting aside an ex parte decree or a decree setting aside another decree in a collateral proceeding or a dependent decree
parte decree was justified. The second is if the ex parte decree is to be set aside then whether the order of restoration would ... auction. It was purchased by the decree-holder himself. It was in appeal that the decree was set aside and the matter was remanded
Court to defer the execution
proceedings till their applications to set aside the decree are
disposed of.
16 That is how on 9th March ... decree in the
Summary Suit can be safely called and termed as ex-parte. Such
an ex-parte decree can be set aside by taking
decree sought to be impugned, the
applicant had two remedies. One, an appeal against the decree.
Two, an application for setting aside the ex parte ... setting aside
the decree; to grant further relief in regard to post-decree
matters, namely, staying or setting aside the execution and
also in regard
Court to defer the execution
proceedings till their applications to set aside the decree are
disposed of.
16 That is how on 9th March ... decree in the
Summary Suit can be safely called and termed as ex-parte. Such
an ex-parte decree can be set aside by taking
Court to defer the execution
proceedings till their applications to set aside the decree are
disposed of.
16 That is how on 9th March ... decree in the
Summary Suit can be safely called and termed as ex-parte. Such
an ex-parte decree can be set aside by taking
