MEHR CHAND Vs. SHIB LAL

JUDGEMENT

(1.) This is an appeal from a judgment and order of the High Court of Judicature at Lahore dated 8 June 1943, varying a judgment and order of the Senior Subordinate Judge, Amritsar, dated 30 August 1939.

(2.) The appeal arises out of an application made by the appellant under S. 144, Civil P. C., against Paira Mal, since deceased, the father of the respondents, following the reversal of a decree which had been passed against him.

(3.) Section 144, Civil P. C., is as follows : "Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or such part thereof as has been varied or reversed; for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation or reversal."