Civil Procedure Code, 1908, Section 144 -- Restitution - doctrine of...........
Civil Procedure Code, 1908, Section 144 -- Restitution - appellant taking possession of `B' Schedule land and as a consequence thereof predecessor-in-interest of respondents dispossessed - Joint possession held in second appeal - in the circumstances the remedy is partition and not restitution...........
Civil Procedure Code, 1908, Section 151, 144 -- In execution of ex-parte decree possession obtained Decree set aside & application for restitution u/s 144 CPC filed Recovery of possession cannot be stayed because the plaintiffs believe a good case to succeed and get a decree for eviction and this is no ground for a stay as a decree, in which the plaintiffs obtained..........
Civil Procedure Code, 1908, Section 144 -- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted and suit of pre-emptor dismissed -..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Possession can be taken even if no application for restitution of possession under Section 144 - Section 144 one of the modes of restitution of possession - Possession can be taken by other legal means - Suit for possession decreed - Possession of suit land taken - Appeal accepted and decree of trial..........
Civil Procedure Code, 1908, Section 144 -- Restitution Can be obtained by an application and regular suit not necessary - Amount deposited as ordered by appellate court - Application lies to the court of first instance and not in appellate court...........
Civil Procedure Code, 1908, Section 144 -- S.144 lays down a simple and speedy remedy for restitution of benefit derived by party under the decree and subsequently reversed or waived by higher court...........
Civil Procedure Code, 1908, Section 151, 144 -- Court has inherent power order restitution where S.144 CPC inapplicable for doing justice to the parties...........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 29 -- The provisions of Rule 29 of 0.21 of the Code applies as much to an application for execution as to an application for restitution - The mere fact that an application under Section 144 of the Code is no more in the Chapter on execution does change the nature of the application itself. It still remains an..........
Civil Procedure Code, 1908, Section 144 -- Person not carrying the matter by way of appeal - If entitled to restitution - AIR 1937 Bombay 101 followed where in held `Therefore' if there is an appeal from a decree, even though that appeal is made by one party in which some other party equally interested is not joined, but if the appeal is on ground common to both of them,..........
