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 ... nature that it
cannot be set aside as against such defendant only it may be set
aside as against all or any of the other
set aside it is this adjudication which is to be set aside, and, therefore, whole of the decree has to be set aside. He said ... also be set aside and merely because inconsistent decrees might result was no ground to set aside the whole of the decree. He also said
setting aside the ex
parte decree was allowed and the decree was set aside by a detailed order
on 27.08.1983 by the ADJ. There ... void ab-initio and are liable to be set-aside.
While setting aside the ex-parte decree her allegations that the said decree
was obtained
under:
"4. Power to set aside decree.--After decree the Court may, under
special circumstances, set aside the decree, and if necessary stay ... held that the case set up by the defendant for
setting aside the ex parte decree, that the plaintiff assured that
there would be settlement
will give a free rein to the defendants to have a decree set-aside
on a mere technical ground of non-service ... pleadings and the additional
affidavit are to be believed for setting aside the decree, then, it will
tantamount to holding that the concerned advocates
against whom a decree is
passed ex parte, to apply to the Court which passed the decree, to set it
aside. This liberty is, however ... 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
judgment and decree could be set aside/rescinded.
Rule 13 of Order IX reads as hereunder:-
13. Setting aside decree ex parte against defendant ... 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
xxxvII
SUMMARY PROCEDURE
4. POWER TO SET ASIDE DECREE- After decree the Court may, under special circumstances, set aside the decree, and if necessary stay ... special circumstance entitling the defendant/ petitioner to ask for setting aside the decree. On the summons sent through ordinary process the Process Server had reported
lawful compromise, the Court has no power to set aside the decree.
(5) The plaintiff after the compromise decree has acted upon and taken benefits ... Code of Civil Procedure (IA 3952/85) for setting aside the decree was dismissed (I A 3952/85 was dismissed on 6th August
provides that no suit shall lie to
set aside a decree on the ground that the compromise on which the
decree is passed ... give the consent, then the court has duty to set aside the
decree if finds that the court was induced into passing the decree
