contended that the Court has inherent powers under Section 151 C.P.C. irrespective of Section 144 C.P.C. to order restitution. On facts ... introduced Section 144 therein. The said Section is more comprehensive than Section 583 of the Code of 1882. Section 144 of the present code does
keeping in mind the provisions of Section 144 CPC.
(B) CIVIL PROCEDURE CODE, 1908 - SECTION 144 -APPLICATION FOR RESTITUTION UNDER - If the order ... benefit of restitution or redelivery of the property -Under Section 144 CPC - ON FACTS, HELD - The Appellate without considering the provisions of Section
order' were inserted in Section 144(1) of the Code by Section 13 of the Code of Civil Procedure (Amendment) Act, 1956 (central ... Section 141 of the Code of Civil Procedure. The right of restitution to Section 144, Civil Procedure Code, is only one species of the same
Civil Judge (Jr.Dn.) Mangalore in HRC. No. 30/95 dated 24.2.2003 holding that the application filed for restitution under Section 144 CPC ... application was filed under Sections 144 and 151 has held that the application under Section 144 CPC., is maintainable under the provisions
against the party successful at the
interim stage. Section 144 of the Code of Civil
Procedure is not the fountain source of restitution ... been statutorily
recognised in Section 144 of the Code of Civil
Procedure, 1908. Section 144 CPC speaks not only of
a decree being
CPC and also filed
application under Section 144 of CPC. The said
applications went into trial. As against the application ... under Section 144 of CPC, the objector filed W.P.
Nos.11610/2014 and 11900/2014 before the High
Court of Karnataka. These
Section 144 after which the matter was taken in appeal to the Supreme Court. The Supreme Court had occasion to deal with Section 144 both ... Section 38 to 42 of the Code of Civil Procedure and in particular the powers of the executing Court as enunciated in Section
doing so is that there was no application presented under Section 144 of C.P.C. praying for the refund of the amount.
9. Aggrieved ... petitioner on the ground that there was no application under Section 144 C.P.C. My answer is in the negative for the simple reason
duty of the Court under Section 144 of the Civil Procedure Code to 'place the parties in the position which they would have occupied ... Section is not exhaustive. It is further pointed out that it is only enumerative and if there are cases where Section 144 CPC
forcibly thrown her out of the property out of Court.
9. Section 144 C.P.C. would come in to play if as a result ... subsequently varied or set aside or modified. The dispossession contemplated by Section 144 C.P.C. is dispossession by executing the process of the Court
