true nature of an application for restitution, that the restitution is not in any sense whatsoever an execution of the appellate Court's decree ... simple and a restitution pure and simple are not one and the same thing. Restitution is restitution and execution of a decree is execution
irregular execution
has been set aside, or where a judgment or
order has been reversed after execution
thereon has taken place, restitution will be
made ... restitution. But this argument concedes that if
the appellate Court provides for restitution, an application
for restitution will be an application for execution
irregular execution has been set aside or where a judgment or order has been reversed after execution thereon has taken place restitution will be made ... restitution. But this argument concedes that if the appellate Court provides for restitution an application for restitution will be an application for execution
party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place ... execution. The question as to whether or not applications for restitution were applications in execution was very elaborately and exhaustively discussed, by my Lord
sent for execution. A decree may even be sent for execution to a Court in a different province, An application for restitution under Section ... certain applications as in execution of decrees and certain others, although analogous to execution, it has termed as applications for restitution and as miscellaneous proceedings
application to obtain execution. In pointing out the difference between an execution proceeding and an application of restitution under Section 141, their Lordships observing ... procedure by which restitution is to be obtained. Under the old Code, restitution was by way of execution
party entitled to any benefit by way of
restitution or otherwise, cause such restitution to be made
as will, so far as may be, place ... application for
restitution, therefore, the appellant was entitled to
restitution,. because on that date the decree in execution
of which the properties. were sold
party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, as far as may be, place ... between the parties. Thereupon he took proceedings for obtaining restitution. The District Judge granted restitution on the ground that the decree in the original suit
however, obtain any order from the Supreme Court to stay restitution or execution proceedings. Nor did the Company file any appeal against ... restitution order which has become final.
5. The Corporation, without taking any steps to enforce the order of restitution by ordinary steps in execution, served
decided thus an application for restitution is an application in execution under the new Code of Civil Procedure . In Unnamalai Ammal v. Mathan ... observed that an application for restitution is an application for execution of a decree and is governed by Art. 182 and not by Arlicle
