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
Small Cause Court decree against him must comply with, in order to be able to have the ex parte decree set aside.
11. It appears ... set aside but merely stating that he intends to file an application asking for an order to set aside the decree, and asking
plaintiff succeeds in the suit, and gets the consent-decree set aside, any application in the previous suit, either to revive it or proceed with ... order or decree is passed by such Courts in matters within, their exclusive jurisdiction, such order or decree cannot be set aside by another Court
reads as under :
Power to set aside decree : After decree the Court may, under special circumstances, set aside the decree, and if necessary stay ... under :
"4. Power to set aside decree : After decree the Court may, under special circumstances, set aside the decree, and if necessary stay
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 and the exparte decree
set aside application is to be allowed by setting aside the exparte decree of
the divorce dated ... set aside and consequently the said application is allowed by setting aside
the exparte decree of divorce dated 24.04.2002 by restoring the HMOP
setting aside the same beyond the period of limitation. It was held that the order by the trial Court setting aside the ex parte decree ... Section 105 and that an order setting aside the dismissal of an application to set aside sale for default cannot be questioned in the appeal
Division Bench set aside the order of the learned single Judge insofar as setting aside the ex parte decree against the defendants ... that the same cannot be set aside only as against the defendant applying for setting it aside, the decree could also be set aside against
plaintiff succeeds in the suit, and gets the consent decree set aside, any application in the previous suit, either to revive it or proceed with ... order or decree is passed by such courts in matters within their exclusive jurisdiction, such order or decree cannot be set aside by another court
petitioners filed their application to recall and set aside aside the decree dated 22.7.1977 passed in Case no. 276 and on the aforesaid application Restoration ... Civil Procedure as setting aside a decree presupposes that the decree exists against the defendant. Such a decree being a nullity and not binding upon
