SAWANLIYA PRASAD RATHORE Vs. MOHAN LAL RATHPRE

JUDGEMENT

(1.) IN this petition, the petitioner -tenant seeks the relief pf the restoration of possession obtained from him by respondent No.1 Mohanbabu Rathore -under an ex -parte decree, which has been later on set aside by the trial Court and the order was co firmed by the appellate Court and by this Court as well. It is contended that after the ex -parte decree was set aside, the possession obtained by the decree -holder from the petitioner -tenant deserved restitution and could not he retained by respondent No. 1. The petitioner in that regard had filed an application in the Court below under section 144 C.P.C. The Court below rejected the application on the ground that the provisions of section 144 were not applicable and that the possession could not be restored to the petitioner. Section 144 C.P.C. may be reproduced with profit.