No One Can Be Permitted to Take the Benefit of a Wrong Order Passed By A Court
Case: Mekha Ram vs State of Rajasthan
Coram: Justices MR Shah and BV Nagarathna
Case No.: CA 2229-2234 OF 2022
Court Observation: “The restitution principle recognizes and gives shape to the idea that advantages secured by a litigant, on account of orders of court, at his behest, should not be perpetuated… In the case of Ouseph Mathai v. M. Abdul Khadir, reported in (2002) 1 SCC 319, it is observed and held that after the dismissal of the lis, the party concerned is relegated to the position which existed prior to the filing of the petition in the court which had granted the stay. . Even otherwise, no one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court. As per the settled position of law, no party should be prejudiced because of the order of the court.”
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