Bansidhar Sharma (Since deceased) Rep. by His LRs. vs. State of Rajasthan & Ors. (SC)

Code of Civil Procedure, 1908–Sec. 144–Section applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceedings or is set aside or modified in any suit instituted for the purpose–On the reversal of a decree, the law imposes an obligation on the party of suit who received the benefit of the decree to make restitution to the other party for what he has lost–This obligation arises automatically on the reversal or modification of the decree and necessarily carries with it the right to restitution of all that has been done under the decree which has been set aside or an order is varied or reversed and the Court in making restitution is bound to restore the parties, so far as they can be restored, to the same position as they were in at the time when the Court by its action had displaced them.