A trial court decreed a suit for possession of land. With no stay pending appeal, the plaintiff…
The defendant should seek restitution in the trial court under Section 144. The explanation to Section 144(1) treats the court of first instance as the court that passed the…
Choose your answer
A trial court decreed a suit for possession of land. With no stay pending appeal, the plaintiff obtained possession by executing the decree. The appellate court later reversed the decree and dismissed the suit. The trial court still has jurisdiction to execute the decree. How should the defendant seek restoration of possession under the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer B
The defendant should seek restitution in the trial court under Section 144. The explanation to Section 144(1) treats the court of first instance as the court that passed the decree when the reversal occurred on appeal.
Option feedback
Option A
Order XXI, Rule 97 concerns resistance or obstruction to obtaining possession in execution. This case concerns reversing the effects of an executed decree.
Option B
Section 144 gives the defendant a remedy of restitution from the court of first instance in these circumstances.
Option C
Explanation (a) to Section 144(1) designates the court of first instance when the reversal is on appeal, subject to the exception in Explanation (c).
Option D
Section 144(2) bars a separate suit for restitution obtainable by an application under Section 144(1).
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Karnataka Higher Judicial Service
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision