Section 144 of CPC : Section 144: Application For Restitution

Explanation using Example

Example Application of Section 144 of The Code of Civil Procedure, 1908:

Imagine that Raj had a property dispute with Sunita, and the court initially passed a decree in favor of Raj, ordering Sunita to vacate the property and pay arrears of rent. Based on this decree, Raj took possession of the property and received the arrears from Sunita.

However, Sunita appealed the decision, and the appellate court reversed the original decree, finding that the property rightfully belonged to Sunita. Now, Sunita is entitled to get back her property and the money she paid to Raj.

Under Section 144 of The Code of Civil Procedure, 1908, Sunita can apply to the court that passed the original decree for restitution. The court will then order Raj to return the property and repay the arrears to Sunita, effectively restoring the parties to the position they were in before the original decree was passed.

The court may also order Raj to pay interest, damages, or compensation to Sunita, if appropriate, to ensure complete restitution.

Moreover, Section 144(2) prevents Sunita from filing a separate suit for restitution since she can obtain relief through an application under Section 144(1).