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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part XI: Miscellaneous

Section 144 CPC: Application for restitution

Bare Act text

144. Application for restitution.—(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 revisional 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).

Amendment notes

  1. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957).
  2. Subs. by Act 104 of 1976, s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977).
  3. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977).
  4. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977).
  5. Ins. by Act 104 of 1976, s. 48 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

When a decree or order is varied or reversed in appeal, revision or other proceeding, or set aside or modified in a separate suit, the Court that passed it must, on the application of a party entitled to benefit, order restitution so far as possible placing the parties where they would have been but for the decree. The Court may order refund of costs and payment of interest, damages, compensation and mesne profits. The Explanation says which Court counts as the Court that passed the decree. No separate suit lies for relief obtainable by this application.

Part XI: Miscellaneous

  1. 132 Exemption of certain women from personal appearance
  2. 133 Exemption of other persons
  3. 134 Arrest other than in execution of decree
  4. 135 Exemption from arrest under civil process
  5. 135A Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136 Procedure where person to be arrested or property to be attached is outside district
  7. 137 Language of subordinate Courts
  8. 138 Power of High Court to require evidence to be recorded in English
  9. 139 Oath on affidavit by whom to be administered
  10. 140 Assessors in causes of salvage, etc
  11. 141 Miscellaneous proceedings
  12. 142 Orders and notices to be in writing
  13. 143 Postage
  14. 144 Application for restitution
  15. 145 Enforcement of liability of surety
  16. 146 Proceedings by or against representatives
  17. 147 Consent or agreement by persons under disability
  18. 148 Enlargement of time
  19. 148A Right to lodge a caveat
  20. 149 Power to make up deficiency of court-fees
  21. 150 Transfer of business
  22. 151 Saving of inherent powers of Court
  23. 152 Amendment of judgments, decrees or orders
  24. 153 General power to amend
  25. 153A Power to amend decree or order where appeal is summarily dismissed
  26. 153B Place of trial to be deemed to be open Court
  27. 154 Saving of present right of appeal (Repealed)
  28. 155 Amendment of certain Acts (Repealed)
  29. 156 Repeals (Repealed)
  30. 157 Continuance of orders under repealed enactments
  31. 158 Reference to Code of Civil Procedure and other repealed enactments
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