• Civil Procedure Code, 1908 (V of 1908) S. 144, 151 - Restitution - The respondent-plaintiff who sought an interim order for restoration of the electricity supply and which was allowed subject to the payment of the amount by the respondent-plaintiff in installments - Really therefore, it is the respondent-plaintiff, who got benefit of the interim order and it is not as if that the appellant-defendant got benefit of interim order which benefit has to be restituted on disposal of the proceedings - Where the main suit itself is dismissed there does not arise any issue of restitution in favour of the plaintiff respondent and which amounts to execution of a finding in a judgment by which the suit in fact dismissed. (174) P.L.R. (Del.)
  • Civil Procedure Code, 1908 (V of 1908) S. 144 - Restitution - Principle of restitution does not apply as per language of Section 144 because it is not as if that any party to the suit took benefit of a final judgment of a court which has been set aside by the appellate court and consequently restitution is prayed for - There is also no benefit which is taken of an interim order by the appellant-defendant herein, because it is not that the appellant defendant, had approached the court for an interim order by filing of an interim application inasmuch as it was the respondent-plaintiff who sought an interim order for restoration of the electricity supply and which was allowed subject to the payment of the amount by the respondent-plaintiff in installments - Really therefore, it is the respondent-plaintiff, who got benefit of the interim order and it is not as if that the appellant-defendant got benefit of interim order which benefit has to be restituted on disposal of the proceedings.
  • Civil Procedure Code, 1908 (V of 1908) S. 144 -Withdrawal - Not signed by other his co-applicants - When the same very counsel has appeared for the petitioners and made the statement that he had no instructions to withdraw the application, a valuable right of the respondents in the application under Section 144 CPC has been taken away and, therefore, rightly so the application has been allowed by recalling the order - Impugned order cannot be said to be illegal or perverse, much less without  jurisdiction. (183) P.L.R.