1. Can restitution be ordered de hors Section 144 of the Code of Civil Procedure, 1908 (the CPC for short)? This poignant question is put forth by the decree holder in a suit for realisation for money who happens to be the auction purchaser.

2. The petitioner is the plaintiff in O.S.No.237/1994 on the file of the court of the II Addl. Subordinate Judge of Ernakulam and the respondents are the defendants therein. The suit filed for realisation of money due under an agreement relating to production of a cinematographic film was decreed by judgment dated 30.11.1995. The decree obliged the defendants to pay a sum of Rs.2,01,500/- to the plaintiff with interest on the principal sum of Rs.2,00,000/- at 12% per annum. The liability to pay such interest was specified to run from the date of suit till the date of realisation and the defendants were also mulcted with costs. The decree was challenged by the second defendant in A.S.No.527/1996 on the file of this Court wherein a conditional order of stay of execution was granted. The failure to comply with the conditional order enabled the plaintiff to levy proceedings in execution for realisation of the amount due under the decree.