prayer made in the abovementioned
I.A. (for setting aside the ex-part decree), is apparent from the
factual position depicted by the trial court ... decree passed on 19.10.2011.
For the reasons recorded hereinabove, we are satisfied
that the ex-parte decree dated 19.10.2011 deserves to be set aside
such suits:
Provided that an applicant
for an order to set aside a
decree passed ex parte or for a
review of judgment shall ... time up to the
time of presentation of
application for setting aside ex
parte decree or for review and
the court may treat
delay or the correctness of the orders
refusing to set aside the decree, we direct, with the
consent of the parties, that the decree passed ... delay or the correctness of the
orders refusing to set aside the decree, we
direct, with the consent of the parties, that
the decree passed
dated 4.11.2000. Thereafter, the Society filed an application
for setting aside the judgment and decree dated 19.9.1998
and for stay of the execution, which ... appeal; that the
respondent-Society filed an application for setting aside the
judgment and decree dated 19.09.1998 and for stay of the
execution, which
High Court allowed the appeal filed by respondents
herein while setting aside the decree dated 12.12.2005 passed by the
learned single Judge of the High ... order dated
06.05.2008, allowed the appeal of the respondents herein setting aside
the decree of specific performance granted by learned single Judge of
the High
High Court had allowed the second appeal and set
aside the judgment and decree of the First Appellate Court.
While allowing the appeal and reversing ... Karnataka High Court allowed second appeal and set aside the
judgment and decree without first formulating substantial
question of law. This Court, therefore, after referring
crores and Rs. 22.34
crores and on decree being set aside it is entitled only to such loss
along with 9% interest ... decree passed by
one court a benefit is received by the decree holder and thereafter
that decree is reversed or set aside subsequently
decree of divorce, the
appellant preferred an application, for setting aside the said
ex-parte decree, on 29.06.1994. The same was allowed by the
Additional ... order dated
19.02.1996 (whereby the Additional District Judge, Chandigarh, set
aside the ex-parte decree dated 08.01.1994), the matrimonial ties
between the appellant
divested of their rights under the
decree. Now, the decree can be recalled, reversed or set aside either
by the court which had passed ... auctioned property continues to be protected
notwithstanding that the underlying decree is subsequently set aside
or otherwise.
16) In Sneh Gupta (supra), this Court
interests of justice that the ex-parte decree is set aside
but the interest of the plaintiff is safeguarded by the deposit of
the amount ... question by the defendant as a condition
precedent for setting aside the decree.
13. Accordingly, the appeal is allowed in the above terms
