Section 144 in The Code of Civil Procedure, 1908
144. Application for restitution .-
(1) Where and in so far as a decree [or an order ... Court which passed the decree or order] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 48, for certain words
before trial Court under Sections 144 and 151 of Code of Civil Procedure, 1908 ( CPC ) seeking restoration of possession by removing illegal constructions ... inherent powers under Section 151 of Code of Civil Procedure. In this case, as I stated above, Section 144 of CPC
emptors thereafter filed an application under Section 144 Civil Procedure Code, claiming refund of Rs. 500/-against the sons of Rama Nand who had died ... Section 144 of the Code of Civil Procedure. The right of restitution by Section 144, Civil Procedure Code, is only one species of the same
that suit, there was no necessity of filing an application under Section 144 C.P.C. for restitution of the property. However, since possession ... maintainable in view of Sub-section (2) of Section 144 of the Code of Civil Procedure?
7. Mr. V. Shivnath, learned Counsel appearing on behalf
arbitrarily. Even assuming that the
provisions of Section 144 , Civil procedure code are not attracted, it
admits of no doubt that the court has inherent ... duty of the Court under Section 144 of the Civil Procedure
Code to "Place the parties in the position which they would have
occupied
Court of Senior Civil Judge, Anakapalli in a petition filed under Section 144 of the Civil Procedure Code (for short ' the CPC ... with the provisions of the Land Acquisition Act .
"53. Code of Civil Procedure to Apply to Proceedings Before the Court :--Save insofar as they
other proceeding' within the meaning of Section 144 of the Code of Civil Procedure ?"
" Section 144 , CPC. Application for restitution ... accepted, it will provide for multiplicity of proceeding, whereas the Civil Procedure Code is amended to grant relief expeditiously, avoiding multiplicity of proceedings
duty of the court under Section 144 of the
Civil Procedure Code to ‘place the parties in the
position which they would have occupied ... Court and is challenged before us.
Now, under Section 144 of the Civil Procedure Code where
and insofar as a decree or an order
Code of Civil Procedure (code) is not the sole
repository of the power of the Court to grant injunction.
Section 151 of the Code confers ... subsequently
incorporated in the Code as Section 583 of the Code of Civil Procedure,
1882 and Section 144(1) is the corresponding Section
duty of the Court under sec. 144
of the Civil Procedure Code to place the
parties in the position which they would
have occupied ... duty of the Court under S.
144 of the Civil Procedure Code to
place the parties in the position
which they would have occupied
