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
under Section 54 of the Land Acquisition Act to
set aside the judgment and decree of the Special Subordinate Court, Vellore in
LAOP ... under Section 54 of the Land Acquisition Act to
set aside the judgment and decree of the Special Subordinate Court, Vellore in
LAOP
compromise and the defendants had not brought any suit for setting aside the decree within the prescribed time limit under Article 95 of the Limitation ... declaration or unless it took steps to have the earlier decree set aside.
5. We may state that the view taken by the Full Bench
Short Cause Suit No.1835 of 2012 inter alia praying for setting aside decree on
various grounds. The said application filed by the petitioner ... suit for setting aside such orders obtained by committing
fraud is not required. In my view, such orders can be set aside
and/or recall
Short Cause Suit No.1835 of 2012 inter alia praying for setting aside decree on
various grounds. The said application filed by the petitioner ... suit for setting aside such orders obtained by committing
fraud is not required. In my view, such orders can be set aside
and/or recall
Short Cause Suit No.1835 of 2012 inter alia praying for setting aside decree on
various grounds. The said application filed by the petitioner ... suit for setting aside such orders obtained by committing
fraud is not required. In my view, such orders can be set aside
and/or recall
decree having became
superseded and the amended decree having been restored, the sale
held under the reversed decree would surely have in be set aside ... property was received by a decree holder by way of
execution of a decree and that decree was set aside in view of the
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set aside. This fact was learnt by the
judgment debtors only when defendant No. 6 filed an application before
the Division Bench seeking setting aside ... favour of such a decree holder and the decree dated 20.03.2006
is liable to be set aside. For this proposition he has placed reliance upon
parte decree passed in the suit. He also
requested Mr. Satpathy, Advocate to take steps to get the ex parte
decree set aside. The appellant ... prevented from enjoying the fruits of the decree since
25.3.2013. If the ex parte decree is set aside, they have to fight out
the litigation
case, we set aside the order impugned and condone the delay in filing the application for setting aside exparte decree. To avoid further delay ... destroying the rights of the parties. Further, if the exparte decree is set aside and the defendants are given an opportunity to contest the case
