to be compensated by award of interest at a suitable reasonable rate for the period for which the interim order of the court withholding the release of money had remained in operation.” 12. The principle explained by this Court in South Eastern Coal Fields (supra) as extracted above is to the effect that Section 144 CPC statutorily recognises a pre-existing rule of justice, equity and fair play. That is why it is often held that even away from Section 144 the court has inherent jurisdiction to order restitution so as to do complete justice between the parties as held by Privy Council in Jai Berham vs. Kedar Nath Marwari9. It is also explained that the factor attracting applicability of restitution is not the act of the court being 9 AIR 1922 PC 26917 wrongful or a mistake or error committed by the court; the test is whether on account of an act of the party persuading the court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage which it