Restitution under cpc

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
if decree or order is set aside or modified by suit.I M CONFUSED IN DECREE OR ORDER SET ASIDE OR MODIFIED BY SUIT.how can such eventuality occur that a suit is already instituted and decree is passed and again that decree is set aside by bringing another suit.i heard court can set aside expartee decree but not such kind of decree by bringing another suit.pls explain me

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prabhakar singh (Expert) 08 November 2011
You are still looking in process of forming your question as it does not convey what you want to ask??

Any way i trying the hard work that you want
that is that i should my self understand as of necessity whatever is there hidden in your software.

1]A suit is filed to enforce a right recognized by law.
2]the person who files the suit is called plaintiff[may some time also called petitioner]
3]a suit claims reliefs from the court.
4]after hearing both the side,the suit may be decreed either for all the reliefs claimed or for part of the reliefs.that means a suit may be decreed entirely or partly or may be dismissed enterly or partly.
5]if the defendant does response to summons
sent to him and does not file the written statement in reply to plaint,the court proceeds exparte against him.
6]Even an exparte suit can be dismissed if plaintiff fails to prove his case.
7]An appeal lies against the decreed or dismissed or partly decreed or partly dismissed suit.
8]The appellate court may either confirm the judgement and decree appealed against
or may vary and modify it or may remand it.
9]against first appeal a second appeal lies only when a substantial question of law is involved.
10]a judgement binds only its parties barring few others such as a probate or public suits.
11]an exparte decree can be set aside on defendant showing reason of his absence.
12]A contested decree can be set aside in subsequent proceeding if it is shown to the court that it was obtained by playing fraud
upon the court.

Rajeev Kumar (Expert) 08 November 2011
Prabhakar sir is right in replying your query. I too agree with him

Piyush Vaishnava (Expert) 11 November 2011
yes, i do agreed mr.prabhakar's query reply

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