Legal Provisions of Section 144 of Code of Civil Procedure, 1908 (C.P.C.), India – Restitution
The restitution is consequential to the variation or reversal of the decree or on its being modified or set aside. The condition precedent for restitution, therefore, is that the decree of the trial court must be reversed or varied in appeal or otherwise.The word âconsequentiallyâ lays emphasis on the obligation on the party to the suit or proceedings which received the benefit of the erroneous decree to make restitution to the other party for what he has lost. The court therefore is bound to restore the parties, as far as they can be, to the same position they were at the time when the court by its erroneous action had displaced them from it.Equally where a sum of money was recovered in execution by a decree which was subsequently reversed…