Wadsworth, J.

1. This appeal raises a question of restitution and has been referred to me on a difference of opinion between Burn and Stodart, JJ., on two points.

2. (1) The question of the, applicability of Section 144, Civil Procedure Code, and (2) the question of the liability of the defendants legal representative (first respondent herein) to make a restitution, if Section 144, Civil Procedure Code, applies.

3. The facts of the case have been fully set forth in the judgments of my learned brothers and it is unnecessary to repeat them at length. The essential points are that the plaintiff sued for possession of his estate from the husband of the present first respondent and in the Subordinate Judges Court, he succeeded, the decree being dated 20th December, 1922. The defendant appealed to the High Court and in that appeal, a Receiver was appointed who took charge of the estate in April, 1923, the plaintiff not having got possession meanwhile. The defendant died in 1925 and his widow (the present first respondent) carried on the appeal. On 30th March, 1928, the High Court reversed the trial Courts decree. The plaintiff preferred an appeal to the Privy Council and asked that