decree superseding the trial court
decree. It was also possible to envisage the appeal becoming
infructuous if the trial court decree was set aside ... 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
from the tenant by the execution of the decree".
The decree to be set aside is thus that
400
decree which is capable ... date of the appellate
decree.(2)
The decree, therefore, which section 17 D empowers the court
to set aside is the decree which is capable
defend. His application under
r. 4 of 0. 37 for setting aside the decree was rejected, for
the special circumstances required by that rule were ... set aside that decree
under r. 4 of that Order. The question is, should the
decree be set aside ?
There were various proceedings between
prefer an appeal against such a
decree or cannot move for getting ex parte divorce decree
set aside under Order IX Rule ... marriage to be dissolved by any decree of
divorce. Consequently, now the ex parte decree is set aside,
no useful purpose will be served
earlier ex parte decree which was set aside. The legal effect of setting aside the ex parte decree is that all the was done from ... when they are set aside ."
14. This again confirm the view that the result of setting aside an ex parte decree is that
correct, it could be set aside only by a suit, so that where a plaintiff sought to set aside a decree based on compromise entered ... set aside such judgment a fresh action is necessary. In such an action the Court has jurisdiction to set the judgment aside on the ground
that the same could not be set aside only as against the
defendant applying for setting aside the decree, the decree
could also be set ... some of the defendants can be
set aside while considering the application for setting aside the
ex parte decree against one of the defendants. This
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
case and an ex parte decree will be passed. Such an ex parte decree can be set aside under O.9R.13 if the defendant ... decree ought to be set aside. Even otherwise, the respondent had lost its rights to seek for the setting aside the award, as under
When appealing against the final decree the plaintiff raised the objection that the decree should not have been set aside as against defendant 1. This ... parte decree had been set aside. The proceedings leading up to the setting aside of the ex parte decree were proceedings distinct from and independent
