Dismissed¶17
Ravi Alias Bachana v. Pawan Sahni
Civil Procedure Code – Section 144 – Restitution – Maintainability
Himachal Pradesh HCCMP/16179/2023
Case brief
AI extract
What is this about?
Restitution; Section 144 CPC; maintainability of restitution petition; only Court of first instance can order restitution where decree/order of Trial Court set aside in appeal or revision; CMP No.16179 of 2023 in Civil Revision No.21 of 2016; High Court of Himachal Pradesh, Shimla; State Bank of Saurashtra vs. Chitranjan Rangnath Raja and Anr., AIR 1980 SC 1528 applied; petition dismissed as not maintainable; decided 08.04.2025 by Bipin Chander Negi, J.
What did the court decide?
Where a decree or an order of a Trial Court has been set aside in an appeal or revision, it is only the Court of first instance which has been given the power to order restitution. ¶17