CPC — Section 144 — Order IX Rule 13 — Restitution — Ex parte decree set aside — Defendant dispossessed in execution proceedings — Petition for restitution filed — Where possession was delivered to decree holder through Court in execution of ex parte decree, once such decree is set aside, defendant is entitled to restoration of possession under Section 144 CPC — Dispute regarding identity of property cannot defeat restitution when delivery was effected through Court process — Trial Court failed to consider delivery warrant, bailiff report and panchanama to ascertain property actually delivered — Dismissal of restitution petition on ground of lack of consensus ad idem is erroneous — Matter liable to be remitted for fresh consideration with direction to restore possession of property from which defendant was dispossessed — Civil Revision Petition allowed. (Paras 8, 13, 14, 15)

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CPC — Section 144 — Order IX Rule 13 — Restitution — Ex parte decree set aside — Defendant dispossessed in execution proceedings — Petition for restitution filed — Where possession was delivered to decree holder through Court in execution of ex parte decree, once such decree is set aside, defendant is entitled to restoration of possession under Section 144 CPC — Dispute regarding identity of property cannot defeat restitution when delivery was effected through Court process — Trial Court failed to consider delivery warrant, bailiff report and panchanama to ascertain property actually delivered — Dismissal of restitution petition on ground of lack of consensus ad idem is erroneous — Matter liable to be remitted for fresh consideration with direction to restore possession of property from which defendant was dispossessed — Civil Revision Petition allowed.
(Paras 8, 13, 14, 15)