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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Court sets aside order for re-delivery in civil revision petition due to lack of statutory provision.</h1> The court allowed the civil revision petition, setting aside the order for re-delivery as there was no statutory provision for restitution without power. ... Power of a civil court to order restitution/re-delivery ex debito justitiae - statutory provision necessary to direct restitution - scope of Section 144 Civil Procedure Code in governing restitution - effect of reversal of an eviction order on possession - legislature's role in providing restoration remedyPower of a civil court to order restitution/re-delivery ex debito justitiae - statutory provision necessary to direct restitution - scope of Section 144 Civil Procedure Code in governing restitution - Whether a civil court, in the absence of an express statutory provision or one by necessary intendment, can direct re-delivery or restitution of possession ex debito justitiae after an eviction order is set aside. - HELD THAT: - The Court examined conflicting views in earlier decisions. While Alagiriswami, J., in Raso Moopanar v. Ramamurthi Iyer took the view that a civil court's power to order restitution is not wholly governed by Section 144 CPC and that a wrong order should not be perpetuated, the Division Bench in Mayilsami Gounder v. Mummoorthi Chettiar observed that restoration after reversal, though unfortunate, is a matter for the Legislature to provide. Applying this principle, the Court held that absent an express statutory provision or a provision arising by necessary intendment enabling the civil court to direct re-delivery, the civil court does not possess such power to order restitution ex debito justitiae. Consequently the direction for re-delivery made by the Court below could not be sustained. [Paras 2, 3, 4]The order directing re-delivery of possession is set aside and the civil revision petition is allowed.Final Conclusion: In the absence of statutory authority or necessary implication therefrom to order restitution, a civil court cannot direct re-delivery ex debito justitiae; the revisional court set aside the order for re-delivery and allowed the revision, with no order as to costs. The landlord filed for eviction under Madras Rent Control Act. Respondent sought to set aside ex parte order. Court ruled no power for restitution without statutory provision. Order for re-delivery set aside. Civil revision petition allowed.
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