https://www.taxtmi.com/caselaws?id=303700 Restitution under Section 144 CPC applies only where a decree or order has been varied or reversed and a party has obtained a benefit under that erroneous decree. Where the earlier litigation ended only in a declaratory decree, with no direction for delivery of possession or payment of salary, the respondent's possession was treated as an independent act and not a benefit flowing from the decree. On those facts, the essential conditions for restitution were absent, and the Court's inherent power could not be invoked because no injury arose from any act of the Court. Restitution was therefore not maintainable. en-us Mon, 16 Apr 1973 00:00:00 +0530 Sat, 06 Aug 2022 12:51:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303700 Restitution under Section 144 CPC applies only where a decree or order has been varied or reversed and a party has obtained a benefit under that erroneous decree. Where the earlier litigation ended only in a declaratory decree, with no direction for delivery of possession or payment of salary, the respondent's possession was treated as an independent act and not a benefit flowing from the decree. On those facts, the essential conditions for restitution were absent, and the Court's inherent power could not be invoked because no injury arose from any act of the Court. Restitution was therefore not maintainable. Case-Laws Indian Laws Mon, 16 Apr 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303700