The word lsquo restitution rsquo used in s 144 of the Code of Civil Procedure means ........

Civil Procedure Code (CPC) 1908 Miscellaneous Provisions

The word ‘restitution’ used in s. 144 of the Code of Civil Procedure means:

Restoring to a party, on the variation or reversal of a decree, what has been lost to him in execution of the decree though not through proceedings under it

Restoring to a party, on the variation or reversal of a decree, what has been lost to him directly in conse¬quence of that decree though not through proceedings under it

Both (A) and (B)

None of these

छोटे Courses बड़े Results

Master Miscellaneous Provisions

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: Restitution here refers to restoring to a party, on the variation or reversal of a decree, what has been lost to them in execution of the decree, although not through proceedings under the decree itself.

- Option 2: Restitution means restoring to a party, on the variation or reversal of a decree, what has been lost directly because of that decree, even if not through proceedings under it.

- Option 3: Both options 1 and 2 apply in defining ‘restitution’, as it encompasses restoring losses either in execution or due to the consequence of a decree's terms.

Option 3 is the comprehensive answer as it addresses both forms of restitution relevant under Section 144.