Section 144 of The Code of Civil Procedure, 1908
Application for restitution.
(1)Where and in so far as a decree 1 [or an order] is 2 [varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order] 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 1 [or order] or 3 [such part thereof as has been varied, reversed, set aside or modified]; and 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 4 [consequential on such variation, reversal, setting aside or modification of the decree or order]. 5[Explanation.--For the purposes of sub-section (1), the expression "Court which passed the decree or order" shall be deemed to include,
- (a)where the decree or order has been varied or reversed in exercise of appellate or revision jurisdiction, the Court of first instance;
- (b)where the decree or order has been set aside by a separate suit, the court of first instance which passed such decree or order.
- (c)where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.]
- (2)No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).
Summary
- This section returns things to their original state if a court decision is changed or canceled.
- If a decree or order is reversed, the Court must put the parties back in their starting positions.
- The Court can order refunds, interest, damages, and compensation to fix the situation.
- It also covers "mesne profits," which are profits made from land while someone else was wrongfully using it.
- People cannot start a separate new lawsuit to get this type of refund; they must use this application process.
- The "Court which passed the decree" includes the trial court, even if a higher court later changed the result.
Practical examples
FAQ
1. What is restitution under Section 144 of The Code of Civil Procedure, 1908?
Restitution is the process of putting parties back in the position they would have occupied if a canceled decree had never existed.
2. Can I file a new lawsuit to get a refund after an appeal under Section 144?
No, Section 144 of the Civil Code says no separate suit can be started for relief that could be obtained through a restitution application.
3. What kind of payments can the Court order under Section 144 of the Civil Procedure Code?
The Court can order refunds of costs, interest, damages, compensation, and profits from land.
4. Which court handles restitution if the first court no longer exists under Section 144?
The application goes to the court that would currently have the power to handle such a suit.
Test yourself
1.Under Section 144 of The Code of Civil Procedure, 1908, what is the primary goal of the Court?
2.According to Section 144 of the Civil Code, which of the following is NOT a form of relief the Court can order?
3.Under Section 144 of The Code of Civil Procedure, 1908, can a person start a separate lawsuit for restitution?
4.Under Section 144 and the definitions in Section 2, is a decision on restitution considered a decree?