Restitution

Querist : Anonymous (Querist) 22 August 2011 This query is : Resolved
if a decree is rev or mod or if order is rev or mod in any suit or procceding whether section 144 or 151..under which section should application b filed.

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Guest (Expert) 23 August 2011
as per the decree the possession has taken and there after reversal of the decree the appellant/respondent can file a petition before the trail court to restoration of property by filing the petition u/s 144. normally the section 151 pf CPC gives the inherent power to satisfy the requirement to comply the same.

prabhakar singh (Expert) 23 August 2011
section144 CPC is specific under which application will be moved but if facts going short on ingredients can be given coverage by applying section 151 which is general in nature and with purpose to meet ends of justice.