United India Insurance Co. Ltd. vs Nirmala Chauhan And Anr. on 3 August, 2000
26. It is now well settled that restitution can only be granted by the court which executes the decree and not by an appellate court. [See: Kunwar Rohani Ramandhwaj Prasad Singh v. Thakur Bar Prasad Singh AIR 1943 PC 189; Rajendra Bharati v. M.P. Dube AIR 1971 MP 231; State Bank of Saurashtra v. Chitranjan Ranganath Raja AIR 1980 SC 1528 and AIR 1928 Patna 502].