Basic concept of Restitution U/S 144 of CPC

The word restitution in this section means restoring to a party on the variation or reversal of a decree, what has been lost to him in execution of

decree or directly in consequence of that decree. This section does not apply unless property was lost in execution of decree or directly in consequence of that decree.

The granting of restitution is not discretionary. The principle of restitution is that on reversal of a decree in appeal, the law imposes an obligation on the party who received the benefit of erroneous decree to make restitution to the other party for what he has lost. It is cardinal principle of law that the acts of the court should not be allowed to work injury on the suitors.

 Separate suit is not maintainable for restitution. Decision on application for restitution is decree and thus appealable U/S 96 of CPC.

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