Civil Procedure Code, 1908, Section 144 -- Restitution - Equity demands that if one party has not been unjustly enriched, no order of recovery can be made against that party - Other situation would be when a party acquires benefits lawfully, which are not conferred by the party claiming restitution, Court cannot order restitution...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Act of Court - Cannot prejudice anyone, based on latin maxim 'actus curiae neminem gravabit' is also encompassed partly within the doctrine of restitution - This actus curiae principle is founded upon justice and good sense and is a guide for the administration of law...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Act of Court - The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the Court - The test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Maintainable before the execution Court - Held, a restitution petition u/s 144 CPC is maintainable from an order passed by execution court resulting in delivery of controversial property from possession of judgment debtor to decree holders...........
Civil Procedure Code, 1908, Section 115, 144 -- Revision - Order passed in restitution petition u/s 144 CPC - Is a decree - Order is appealable - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Jurisdiction to order restitution is inherent in every Court - It will be exercised whenever justice demands and case strictly falls within ambit of S.144 CPC...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Order for restoration of possession not to be passed after setting aside ex parte decree without an application by defendant u/s 144 CPC and that too without opportunity to the decree holder in possession to oppose...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken on basis of ex parte injunction order - Suit withdrawn subsequently - Plaintiff is liable to restore possession to defendant in view of S.144 CPC...........
