BINAYAK SWAIN vs RAMESH CHANDRA PANIGRAHI AND ANOTHER

The Supreme Court ruled that under Section 144 of the Code of Civil Procedure, a party is entitled to restitution when a decree has been set aside, regardless of subsequent proceedings. The appellant's application for restitution was valid as it was filed before a fresh decree was passed, establishing that the principle of restitution mandates restoring parties to their original position prior to the erroneous decree. The Court held that the appellant was entitled to restitution, reversing the High Court's decision that denied it.