Restitution
Mohan Shandilya
(Querist) 28 July 2016
This query is : Resolved
Dear Experts, kindly guide: whether First Appellate Court can increase the amount awarded under Section 144 CPC by the Trial Court below, even when the appeal is preferred by the plaintiff and not by the defendant, whose money the plaintiff had appropriated as a consequence of the ex-parte decree which was set aside under Order 9 Rule 13 CPC, and directions given to the plaintiff to refund the said sum under Sec 144 CPC? Pls also provide case laws. Thanks in advance.
Devajyoti Barman
(Expert) 29 July 2016
Since in the appeal preferred by the plaintiff there is no prayer for increase of amount, the appeal court did wrong by increasing the same.
Prefer second appeal in high court.
Case awls are not supplied here.
Rajendra K Goyal
(Expert) 29 July 2016
Case Law / Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
adv.bharat @ PUNE
(Expert) 29 July 2016
consult local lawyer for case law. It is public forum only solution to legal problems will be given by expert.
Kumar Doab
(Expert) 29 July 2016
The query does not graduate to any need for citations.
Dr J C Vashista
(Expert) 29 July 2016
I agree with experts, nothing more to add.
