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
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
defend the suit.
4. Power to set aside decree.—After decree the Court may, under
special circumstances set aside the decree, and if necessary
stay ... 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
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 as against all or
any of the other defendants also:
Provided further that no Court shall
set aside a decree passed ex parte
decree
against the father is a good decree against the son and
unless the decree is set aside, it will remain executable
against ... that a decree against the father is a good decree against
the, son and unless the decree is set aside it would remain
executable against
parte money decree-Sale of property in execution-Decree set
aside before confirmation-If sale could be confirmed.
HEADNOTE:
The appellant, a stranger ... what
manner such sales may be set aside. Ordinarily, if no
application for setting aside a sale is made under any of
the provisions
case no such application has been filed, the question of
setting aside the decree does not arise; (4) an application
for setting aside the decree ... reconsideration or to set aside the award,
the Court shall, after the time for making an application to
set aside the award has expired
