1. The legal issue in this appeal, concerns restitution of a judgment debtor on a decree being varied, reversed, set aside or modified as it is statutorily recognised in Section 144 of the Code of Civil Procedure, 1908.¹[‘CPC’] The decree passed by the Trial Court in the present case was varied by the appeal court. However, in the meantime, the decree was executed by sale of the judgment debtor’s property on 23.09.1985 in favour of the decree holders, including respondent Nos. 1 and 2.

2. After the decree was varied by the Appellate Court, the appellant/judgment debtor applied for restitution by invoking Section 144 CPC. The Trial Court, Appellate Court and the second Appellate Court as well, under impugned judgment have rejected the appellant/Judgment debtor’s application for restitution inter alia on the ground that the original decree was modified to the extent of interest payable and the judgment debtor not having deposited any amount in the court after the original decree and the property was put in auction, is not entitled to restitution.

3. Before proceeding to deal with the legal issue, few relevant facts need to be referred which are stated intra:

3.1. Dhanraj, the husband of