Supreme Court of India · 2019-01-21
MURTI BHAWANI MATA MANDIR REP. THROUGH PUJARI (D) THROUGH LR KAILASH vs RAJESH
- Citation / case number
- SC 2005/5916
- Court
- Supreme Court of India
- Petitioner
- MURTI BHAWANI MATA MANDIR REP. THROUGH PUJARI (D) THROUGH LR KAILASH
- Respondent
- RAJESH
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court analyzed the application of Section 144 of the Code of Civil Procedure, 1908, emphasizing that restitution can only be sought in relation to a decree or order that has been varied or reversed. The Court held that the conditions for invoking Section 144 were not met, as the plaintiff had not been placed in possession by any decree that was subsequently reversed. Consequently, the appeal was dismissed, affirming the High Court's decision to dismiss the second appeal in limine.