AI Overview...
- Section 144 CPC - Remedy for Restitution and Orders
- Restitution under Section 144 CPC is a statutory, non-discretionary remedy available when a decree is set aside or in cases of dispossession, allowing courts to restore possession swiftly DILIP KUMAR DEY VS S. VISHWAMITRA RAM KUMAR - Calcutta, Ranjit Singh VS Narayan Mandal - Gauhati, Jaswinder Singh VS Sahib Masih - Punjab and Haryana.
- Orders passed under Section 144 CPC are appealable but are generally considered interlocutory unless specified otherwise; their classification as decree or order depends on the context, with some courts viewing them as appealable orders rather than decrees Sarvepalli Venkata Radha Krishna, S/o. Hanumantha Rao VS Rudravaram Anand Swaroop, S/o. Late R. V. Subbaiah - Andhra Pradesh, Shyamlal VS Manak - Madhya Pradesh.
- The scope of Section 144 CPC includes applications for restitution before the court of first instance and can be invoked even if a decree has been set aside or in miscellaneous proceedings Abdulla Mullick VS Samsher Ali - Calcutta, Ranjit Singh VS Narayan Mandal - Gauhati.
- Courts have inherent power under Section 151 CPC to restore possession, supplementing Section 144 CPC, especially when the remedy under Section 144 is not explicitly applicable KARTIC CH. BAROYEE VS KASHI NATH MONDAL - Calcutta.
- In cases involving injunctions or dispossession, Section 144 CPC is invoked for restitution, and its application depends on the facts, such as whether dispossession was under an injunction or other circumstances R.KUNJURAMAN NAIR Vs R.BHASKARAN NAIR - Kerala, Manohar Singh VS Roop Lal - Rajasthan.
- Remedies under Section 144 CPC are available even when the judgment or decree is challenged or pending in appellate proceedings, providing a mechanism for immediate restitution Jaswinder Singh VS Sahib Masih - Punjab and Haryana.
- Analysis and Conclusion
- Section 144 CPC provides a crucial statutory remedy for restoring possession swiftly in cases of dispossession, set-aside decrees, or pending appeals.
- Orders under this section are generally appealable and are considered interlocutory unless explicitly classified as decrees.
- Courts recognize the inherent power under Section 151 CPC to ensure justice, especially in possession-related disputes.
- The remedy is broad, covering applications before the first court, and can be invoked in various procedural contexts to secure restitution efficiently.
Search Results for "Order under Section 144 Cpc Remedy"
2022 0 Supreme(AP) 309 • India - Andhra Pradesh
NINALA JAYASURYA
under Section 144 of CPC was an appealable order. ... Whether the order passed under Section 144 of CPC was a decree? 2. ... The court further held that Section 144 of CPC did not fall within the exceptions under Section 96 of CPC and therefore an order ... In the said case, it was urged on behalf of the petitioner/Judgment Debtor that the appl....
1977 0 Supreme(MP) 390 • India - Madhya Pradesh
SHIVDAYAL
151 - trial Court rejected it holding that a remedy under section 144 CPC was available to him - order ... Code of Civil Procedure will succeed and the exparte decree Will be set aside, his remedy under section 144 ... under section 151 of the Code of Civil Procedure for staying the execution of the decree.
1996 0 Supreme(Cal) 443 • India - Calcutta
DEBI PRASAD SARKAR
The trial court rejected the prayer, stating that the only remedy to get back possession lies under section 144 CPC. ... 144 CPC and held that the court has the inherent power under section 151 CPC to restore possession, even if section 144 CPC does ... as ante, even if section 144 CPC does not cover the case. ... But at the same time it is to ....
1985 0 Supreme(Ker) 264 • India - Kerala
M.M.PAREED PILLAY
filed under Section 144, C.P.C. ... The impugned order has been passed on a petition filed under Section 144, C.P.C. the unambiguous position is that the order passed ... Finding of the Court: The court found that the impugned order, passed on a petition filed under Section 144, C.P.C. ... As the impugned order has been passed on a petition under Sec....
1962 0 Supreme(Cal) 136 • India - Calcutta
CHATTERJEE
144 CPC - SECTION 57 WEST BENGAL LAND REFORMS ACT - SECTION 20(2) WEST BENGAL LAND REFORMS ACT - INTERPRETATION - APPLICATION - ... Whether the appellate authority had the power to direct restitution under section 144 of the CPC read with section 57 of the Land ... Section 144 of the CPC applies to applications for restitution made before the "court of first instance." ... If it is so granted, the....
1994 0 Supreme(Cal) 305 • India - Calcutta
S.K.MUKHERJEE, J.K.MATHUR
Restitution is a statutory remedy under Section 144 CPC and not a discretionary remedy. ... RESTITUTION OF POSSESSION - SECTION 144 CPC - ENTITLEMENT - EQUITIES - JURISDICTION - SCOPE OF SECTION 144 CPC - TERMINATION OF ... The provisions of Section 144 CPC are applicable in cases where a decree is set aside in miscellaneous proceedings under #....
1990 0 Supreme(Gau) 122 • India - Gauhati
J.M.SRIVASTAVA
' within the meaning and scope of section 144(1) of the CPC. 3. ... the availability of restitution in cases where a decree is set aside by a subsequent suit, and not to deprive a person from the remedy ... The opposite party filed an application under section 144 of the Code of Civil Procedure (CPC) for restitution of the property, which ... or reversal of a decree, by a decree passed in a subsequent suit by another Court attracted the rem....
2007 Supreme(Online)(KER) 38397 • India - High Court of Kerala
M.N.KRISHNAN, J
Injunction - Interim Injunction - CPC Section 144 - The court examined the requirements for granting interim injunctions, particularly ... Fact of the Case: J U D G M E N T This writ petition is preferred against Ext.P4 order
2003 0 Supreme(Raj) 5 • India - Rajasthan
M.L.JAIN
Rajasthan Tenancy Act, 1955, Sec. 43, 183, 212, CPC Sec. 144, 2 (2), Order 39 Rule 2 — Restitution application u/Sec. 144 CPC before ... Revenue Appellate Authority — Allowed — Maintainability — Revision — Held — Application for restitution u/Sec. 144 CPC will have ... Even if the defendant was dispossessed by the plaintiff under the cloak of injunction order Section 144 C.P.C. is not attracted. T....
2018 0 Supreme(P&H) 2946 • India - Punjab and Haryana
DEEPAK SIBAL
Petitioner also has remedy for seeking restitution of possession under Section 144 CPC in case the judgment ... and decree passed against the petitioner is set aside or modified in the Order 9 Rule 13 CPC proceedings being pursued by the petitioner ... 9 Rule 13 CPC is pending. ... also has the remedy for seeking restitution of possession under Section 144 CPC in case the judgment and decree pass....
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