Question

Choose the correct answer regarding the doctrine of restitution under Section 144 of the Code of Civil Procedure, 1908.

• A. The expression ‘restitution’ is clearly defined under Section 144 of the Code of Civil Procedure 1908
• B. Section 144 confers a new substantive right on the parties for the tortious act caused due to erroneous decree or order passed by the court
• C. Section 144 does not confer any new substantive right. It merely regulates the power of the court to restore the parties so far as they can be restored
• D. The courts do not have the inherent power to make restitution under Section 144 of the Code of Civil Procedure 1908

Answer 1

Answer: (C)

Section 144 does not confer any new substantive right. It merely regulates the power of the court to restore the parties so far as they can be restored

Answer 2

Section 144 provides for the restitution of parties to their former position after a decree is reversed or altered, without conferring any new substantive rights.