CPC Section 144 — Application for restitution
Civil
Summary
If a court order or judgment is later changed or cancelled by a higher court or by another legal case, the original court that issued the order must, when asked by a party who is entitled to get back something they lost, restore things as much as possible to how they were before that order was made. To do this, the court can order the return of money, payment of interest, damages, or other compensation that naturally follows from the change or cancellation. The original court includes the first court that heard the case, even if the change was made by a higher court, and if that first court no longer exists, the court that would now handle the case can act. No separate lawsuit can be filed to get this kind of restoration if it can be obtained by simply applying to the court under this rule.
Official Text
(1)Where and in so far as a decree or an order is 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 or order or 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 consequential on such variation, reversal, setting aside or modification of the decree or order.
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).