Under the Code of Civil Procedure (CPC), the concept of restitution refers to the restoration or compensation for any loss suffered by a party as a result of a court’s decree or order. The CPC recognizes the importance of providing relief and restoring parties to their original position in case of erroneous or unjust orders.
Section 144 – Restitution
Section 144 of the CPC explicitly deals with the principle of restitution. It states that where a decree or order is varied, reversed, or modified by a court of appeal, revision, or reference, the court may, upon the application of any party affected by such decree or order, make an order for the restitution of the property or rights that may have been lost due to the execution of the original decree or order.
Purpose of Restitution
The purpose of restitution under the CPC is to rectify the consequences of an erroneous or unjust order. It aims to restore the parties to their original position as much as possible by undoing the effects of the original order. The restitution may involve returning property, rights, or compensating for any loss suffered.
Conditions for Restitution
In order for restitution to be granted under Section 144 of the CPC, the following conditions must be met:
- A decree or order must have been varied, reversed, or modified by an appellate court.
- The application for restitution must be made by a party affected by the original decree or order.
- The loss or harm suffered by the party seeking restitution must be a direct result of the execution of the original decree or order.
Scope of Restitution
The scope of restitution under the CPC is not limited to monetary compensation. It extends to the restoration of property, rights, or any other appropriate remedy necessary to restore the parties to their original position. The court has discretion in determining the appropriate form of restitution based on the facts and circumstances of the case.
Application for Restitution
To seek restitution under Section 144 of the CPC, the party affected by the original decree or order must file an application before the court that passed the decree or order. The court will then examine the merits of the application and make a decision accordingly.
Effect of Restitution Order
Once a restitution order is passed, it becomes binding on the parties involved. The party in whose favor the restitution order is made is entitled to receive the restitution granted by the court.
