Application for restitution
Section 144 of the Code of Civil Procedure, 1908 deals with application for restitution. 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 in 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 re The Act came into force on 01 Jan 1909.
(1) Where and in so far as a decree 1 [or an order] is 2 [varied or reversed in any appeal, revision or other proceeding or is set aside or modified in 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 1 [or order] or 3 [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 properly 4 [consequential on such variation, reversal, setting aside or modification of the decree or order].
5[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 revision 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).
Section 144, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Citibank N.A. v. Hiten P. Dalal
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2015-08-21. CA 3580/2005. Sen/Shiva Kirti Singh. DATE-CHECK flagged 2005-04-12 Special Court / 2004-07-07 reversal / 1996-04-26 decree dates (false positive); body is the named 21 Aug 2015 reportable. CPC 144 restitution restores what was lost on verifiable market value, not a hypothetical face-value of traded bonds; s.144 is statutory recognition of equity and fair play (South Eastern Coalfields / Jai Berham). Bhikchand Mutha's 14 May 2024 PDF is a reserved ROP in cache. Map 144 only.
On this section: s.144 restitution uses a verifiable market value of what was lost, not a hypothetical face-value of traded bonds, and must not cause unmerited hardship (Citibank v. Hiten P. Dalal).
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Tweesha Wadhwa vs Unitech Reliable Projects Private LTD
Court's Decision & Legal Precedent
Where a court order is found to be erroneous and has resulted in one party gaining an undeserved or unfair advantage without proper adjudication of the rights of all parties, the principle of restitution can be applied to correct the error and direct the beneficiary to return the amount received, even if the order has been executed. The principle of restitution is not limited to interim orders but extends to final orders where justice demands correction. The maxim 'actus curiae neminem gravabit' requires that no party shall suffer by an act of the court, and the court has inherent jurisdiction to order restitution to do complete justice.
On this section: Section 144 CPC provides for restitution when a decree or order is varied, reversed, set aside or modified. The Court noted that Section 144 is not the fountain source of restitution but rather a statutory recognition of the rule of justice, equity and fair play.
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Ashutosh vs State of Rajasthan
Court's Decision & Legal Precedent
A partner of a partnership firm against which a decree has been obtained remains jointly and severally liable for the firm's debts. A partner's individual property can be attached in execution proceedings if the partner has been duly served with notice. Transfers of immovable property made with intent to defeat or delay creditors are voidable at the option of such creditors. The procedural protections of Order 21 Rules 49 and 50 CPC do not prevent execution against a partner's property where the decree was validly obtained against the firm and the partner was properly served.
On this section: Applied by the State of Rajasthan to enable recovery proceedings. The District Judge allowed the State's Section 144 CPC application to pursue recovery against Smt. Kamla Devi and for interest against Sharma & Co.
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H. P. A. International vs Bhagwandas Fatechand Daswani
Court's Decision & Legal Precedent
A contract for sale of property which is contingent on obtaining court sanction for transfer of interests of non-parties (reversioners) is an integrated, indivisible, and inseparable contract. When the essential contingency (court sanction) fails to materialize despite reasonable efforts by the vendor and despite the vendor's implied obligation to seek it within reasonable time, the contract becomes unenforceable. A buyer cannot invoke Section 12(3) of the Specific Relief Act to enforce partial relief (transfer of life interest alone) when: (a) the contract terms evince clear intention that parties contemplated all-or-nothing transaction; (b) explicit contractual clause (Clause 6) provides for cancellation if sanction not obtained; (c) no stipulation in contract provides for separate transfer of life interest if sanction for reversioners' interests fails; (d) the claim for partial relief is made after unreasonable delay and substantial change of circumstances; (e) reversioners, being non-parties to the contract, cannot be bound by doctrines of estoppel or trusts to give effect to a contract to which they never agreed; and (f) doing so would adversely affect the reversioners' independent interests and create future litigation. Courts cannot grant specific performance on terms not contemplated by the original contract parties, even if buyer attempts to waive the sanctioning clause.
On this section: Applied to justify adjusting equities between parties regarding construction costs and rental income to achieve fair result given changed circumstances during long litigation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The interim order passed by the court merges into a final decision. The validity of an interim order, passed in favour of a party, stands reversed in the event of a final order going against the party successful at the interim stage. Section 144 of the Code of Civil Procedure is not the fountain source of restitution. It is rather a statutory recognition of the rule of justice, equity and fair play. The court has inherent jurisdiction to order restitution so as to do complete justice. This is also on the principle that a wrong order should not be …
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… The interim order passed by the court merges into a final decision. The validity of an interim order, passed in favour of a party, stands reversed in the event of a final order going against the party successful at the interim stage. Section 144 of the Code of Civil Procedure is not the fountain source of restitution. It is rather a statutory recognition of the rule of justice, equity and fair play. The court has inherent jurisdiction to order restitution so as to do complete justice. This is also on the principle that a wrong order should not be …
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… The interim order passed by the court merges into a final decision. The validity of an interim order, passed in favour of a party, stands reversed in the event of a final order going against the party successful at the interim stage. Section 144 of the Code of Civil Procedure is not the fountain source of restitution. It is rather a statutory recognition of the rule of justice, equity and fair play. The court has inherent jurisdiction to order restitution so as to do complete justice. This is also on the principle that a wrong order should not be …
Questions about Section 144
What have the courts held on Section 144 of the Code of Civil Procedure?
Citibank N.A. v. Hiten P. Dalal (21 Aug 2015) is the leading judgment on this section among those set out below: s.144 restitution uses a verifiable market value of what was lost, not a hypothetical face-value of traded bonds, and must not cause unmerited hardship (Citibank v. Hiten P. Dalal). Another 3 judgments on this section are set out below, all of them from the Supreme Court. They run from 2004 to 2023.
How do I find court cases under Section 144 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 144, section 144 CPC, section 144 of the Code of Civil Procedure. People searching for it also type cpc 144 restitution and cpc 144 e 145. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Citibank N.A. v. Hiten P. Dalal (21 Aug 2015).
What should I read with Section 144 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 144 of the Code of Civil Procedure come into force?
Section 144 of the Code of Civil Procedure, cited as CPC 144, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.