ORDER :

1. This Revision Petition arises out of the order granting restitution consequent upon setting aside the exparte decree. The Trial Court on sett-ing aside the exparte decree granted restitution. The lower appellate court rev-ersed the order on the ground that Sec. 144 C.P.C. is not applicable to the situation of setting aside the exparte decree.

2. The learned counsel for the petitioner contends that the restitution can be granted pursuant to setting a side the exprte decree and the amended Sec. 144 is wide enough to cover the situation on setting aside the exparte de-cree. The learned counsel for the respondent seeking to sustain the order of the lower Appellate court contended that Sec. 144 C.P.C. is applicable when the decree is reversed or varied and the order setting aside the exparte decree does not amount to variation or reversal.

3. The basic principle underlying the restitution is “actus curiae norni-inem gravabit” which means the act of court should not result in harm to a litigant. The essential postulate of Sec. 144 C.P.C. is Status quo ants and restoration of anterior position of which the party is deprived of due to wrong order or appraoch. The invocation of S