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 ... passed the decree or order] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 48, for certain words (w.e.f. 1.2.1977).] shall
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
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 ... section. Certain other modifications in the 1908 Act also lead to the conclusion that the proceedings claiming restitution under Section 144, Civil Procedure Code
suit was maintainable in view of Sub-section (2) of Section 144 of the Code of Civil Procedure?
7. Mr. V. Shivnath, learned Counsel appearing ... Learned Counsel further submitted that in view of Sub-section (2) of Section 144 CPC the suit was not maintainable. According
passed by a civil court is varied or
reversed, Section 144 of the Code does not come into play. Section
144 is attracted only where ... restitution can be ordered either under
Section 144 of section 151 of the code of the Civil Procedure. Vide Jai
Berham v. Kedar nath
Court of Senior Civil Judge, Anakapalli in a petition filed under Section 144 of the Civil Procedure Code (for short ' the CPC ... meaning of Section 2 , Clause (2), and Section 2 , clause (9), respectively, of the Code of Civil Procedure 1908."
Section
other proceeding' within the meaning of Section 144 of the Code of Civil Procedure ?"
" Section 144 , CPC. Application for restitution ... aside under Order 9, Rule 13 CPC . Section 144 , CPC in terms, therefore, does not apply to a case where
been statutorily recognized in
Section 144 of the Code of Civil Procedure, 1908. Section
144 CPC speaks not only of a decree being ... duty of the court under Section 144 of the
Civil Procedure Code to ‘place the parties in the
position which they would have occupied
question, I may examine the provisions
of Section 144 and Section 151 of the Civil Procedure Code, 1908.
Provisions of Section 144 CPC ... subsequently
incorporated in the Code as Section 583 of the Code of Civil Procedure,
1882 and Section 144(1) is the corresponding Section
Civil Procedure
1908 introduced sec. 144 therein. The said
section is more comprehensive than sec.
583 of the Code of 1882. Sec. 144 ... duty of the Court under sec. 144
of the Civil Procedure Code to place the
parties in the position which they would
have occupied
