impeached. She ought to have applied, if possible, to have the decree set aside under Section 108, Civil Procedure Code, if she complained only ... decree has been passed ex parte. He has to apply to the Court which passed the decree for an order to set it aside
set aside.
31. The advocate for the plaintiff has also submitted that the Trial Court while hearing plea for setting aside decree under Order ... below. The phrase 4 . Power to set aside decree.:- After decree the Court may, under special circumstances set aside the decree, and if necessary stay
Rule 4 of Order 37 confers power on the Court to set aside decree passed in any of the eventualities mentioned above and reads ... Order XXXVII Rule 4 - Power to set aside decree: After decree the Court may, under special circumstances set aside the decree, and if necessary stay
said decree through the Court which passed the decree against which the appeal was preferred. The appellate Court which set aside or modified the decree ... applies to an order setting aside an exparte decree to a decree setting aside another decree in a collateral proceeding and to dependent decrees
against decree passed with the
consent of parties, it implies that such
decree is valid and binding on the parties
unless set aside ... before
the District Court against the said consent
decree. The said decree came to be set aside by
the District Court on the ground that
set aside an exparte decree could be made to the Court which passed such a decree. The Court which passed the decree was a special ... exercising jurisdiction under the Rent Act and the application to set aside the decree could be made only to that Court i. e. the Special
Purnasinh D/O Rudradattsinh ... vs Heirs Of Decd. Jayshivsinh ... on 11 June, 2025
NEUTRAL CITATION
Rule 13 of the C.P.C ., as under:
"13. Setting aside decree ex parte against defendant.--In
any case in which a decree ... set aside as against all or any of the other defendants
also:
Provided further than no Court shall set aside a decree
passed ex parte
against decree passed with the
consent of parties, it implies that such
decree is valid and binding on the parties
unless set aside ... before
the District Court against the said consent
decree. The said decree came to be set aside by
the District Court on the ground that
provides
that, "No suit shall lie to set aside a decree on the ground that
compromise on which the decree is passed ... against decree passed with the consent of
parties, it implies that such decree is valid and binding on the parties
unless set aside
