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

Hint:

Restitution under Section 144 CPC is procedural in nature and is rooted in the inherent powers of the court to do complete justice.

Answer 1

The Correct Option is C

Step 1: Understanding the doctrine of restitution.
The doctrine of restitution is based on the principle that no party should suffer because of an act of the court. When a decree or order is varied, reversed, or set aside, the court should restore the parties to the position they would have occupied but for such decree or order.
Step 2: Nature of Section 144 CPC.
Section 144 of the Code of Civil Procedure, 1908 does not create any new substantive right in favour of the parties. It only recognizes and regulates the procedural power of the court to grant restitution.
Step 3: Examination of incorrect options.
Option (A) is incorrect because the term ‘restitution’ is not expressly defined in Section 144. Option (B) is incorrect as the right to restitution is not a tortious or new substantive right. Option (D) is incorrect because courts do possess inherent power to grant restitution even apart from Section 144.
Step 4: Conclusion.
Therefore, the correct statement is (C), which correctly reflects the legal position regarding restitution under Section 144 CPC.