1970 (3) TMI 169

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....ct for eviction of the respondent who is unfortunately not represented before me. The petitioner obtained an ex parte order of eviction and pursuant thereto took possession of the property from the respondent. The respondent, however, filed an application to set aside the ex parte order and was successful. Basing on the observations in Raso Moopanar V. Ramamurthi Iyer (1967) 1 M.L.J. 287, the resp....

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.... is of the view that the power of a civil Court to order restitution is not wholly governed by Section 144 Civil Procedure Code. The learned Judge proceeded on the basis that a wrong order should not be perpetuated by keeping it alive and respecting the same. The learned Chief Justice in Maylisami Gounder v. Mummoorthi Chettiar C.R.P. No. 439 of 1967, observed: It may be unfortunate that ....