Restitution

Scope.

Where a decree passed by a Court of first instance had been varied or reversed, said Court on the application of any party entitled to any benefit should cause such restitution and place the parties in a position which they had prior to the decree

Question of restitution would arise where a decree was passed in favour of one party and the decree holder obtained subject matter of the decree in execution of the same but decree on appeal or revision was reversed or varied

Object of restitution was to place the parties in the same position which they would have occupied prior to the decree

Court to whom such application was filed had powers to order for restitution and for refund of costs and for payment of interest, damages, compensation and mesne profits which were consequential on such variation or reversal

Party who suffered a loss on account of wrong decree must be compensated

Initial decree of Trial Court was liable to be set aside

Any benefit received by the decree holder under the decree refundable or returnable and parties were entitled to benefit of restitution on the variance or reversal of the decree.

Restitution was ordered against the holder of a decree who had deprived the other party of some benefit on the basis of such decree

Upon variance or reversal of the decree, the Court called upon the decree holder to restitute the said benefit.

From any act of any court no suitor should be injured, therefore, any benefit, which is refundable and returnable to a party entitled to such benefit through restitution upon variation or reversal of a decree take the benefit of principle of restitution reflected in S.144, C.P.C.

Main conditions, which are to be fulfilled for invoking provisions of S.144, C.P.C. being that (i) restitution must be in respect of a decree, which has been varied or reversed; (ii) party applying for restitution should be entitled to a benefit under a reversing or variation decree; and (iii) relief claimed must be properly consequential on reversal of variation of decree.

Principle of restitution is inherent in the exercise of judicial authority so that status quo ante can be required to be restored-Though provisions of Civil Procedure Code, 1908 do not apply to the family cases, the principles thereof, to the extent, that they are based on equity and good conscience, would apply.

Petition for-Competent at any time. The reversioners can make a petition under section 4 of the Punjab Act No. 4 of 1938 at any time after 15th May, 1939 (the date when the Act came into force) and no handicap by way of limitation Act seems to stand in their way. 1946 L L T 6 Feel.