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 ii 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 property consequential on such variation; reversal, setting aside or modification of the decree 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).
STATE AMENDMENT
UTTAR PRADESH.- In Section 144, for sub-section (1) the following shall be substituted: “(1)Where and in so far as a decree or an order is varied or reversed in appeal, revision or otherwise, the Court of first instance 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 or reversed; and for this purpose, the Court may made 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 or reversal.” U.P. Act 24 of 1954, S. 2 and Sch. Item 5. Entry 7 (30.11.1954). HIGH COURT AMENDMENT CALCUTTA.- Omit the words “and such person shall for the purposes of appeal, be deemed a party within the meaning of Section 47” before the proviso. Cal. Gzz. Pt.l, dated 20.4.1967.
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