Code of Civil Procedure, 1908–Sec. 144–Restitution application after the decree had been executed and it was varied by the Appellate Court–Dismissed with the observation that the principle of restitution was not invocable–Justification–The assessed value of all three properties is Rs. 1,05,700/- whereas the original decretal sum was Rs. 27,694/- –When only one of the attached properties was sufficient to satisfy the decree, there was no requirement for effecting the sale of entire attached properties–Execution Court failed to satisfy itself on this aspect and this caused a great injustice to the judgment-debtor by auctioning his entire attached properties–Decree-holder himself was the auction purchaser and he calculatedly offered a bid at Rs. 34,000/- despite being aware that the value of the attached properties is Rs. 1,05,700/- –Decree was subsequently varied and decretal amount was reduced from Rs. 27,964/- to Rs. 17,120/- –Impugned order passed by the High Court is set aside and application u/s. 144 is allowed–Parties are restored back to their position before the attachment of the immovable properties of the judgment debtor.
