What is Restitution?

A decree or order is varied, reversed in any appeal revision or other proceeding or is set aside or modified in any suit. Due to such action, one party has already suffered a loss because of the effect of such decree or order. Restitution is the process by which the court tries to bring the party to the original position which would be there if a decree or order is passed in their favour.

It provides the suffering party with the following benefits to restore their original position: an order for the refund of costs, an order for the payment of interest, damages, compensation, and mesne profits. The restitution application is filed in the court that passed the decree or order, by the party that suffered the loss.  

Elements of Restitution under Sec. 144 CPC

1. There shall be a decree or an order
2. Varied or reversed, set aside or modified
3. Party entitled to any benefit
4. Application to the Court
5. Bring the party to Original Position

Sample draft of Application under Section 144 CPC

Brief facts

Ramesh Filed a title suit in civil court and to remove the illegal possession of Sameer from his immovable property. The decree was passed against him. He preferred appeal in High Court which reversed the previously laid decree and passed in favour of Ramesh. During this period Ramesh suffered loss in various kinds. File a Restitution application under Section 144 of CPC to bring back Ramesh to original position.

IN THE COURT OF THE DISTRICT JUDGE AT DEHRADUN

Civil Misc. Application No. _______ of  20___

Ramesh Kumar, S/O Sudesh Kumar,

R/O Prem Nagar, Dehradun

                                                                                            ……………………Applicant

In

Civil Suit No.  _____of 20___

In Matter Between:

Ramesh Kumar, S/O Sudesh Kumar,

R/O Prem Nagar, Dehradun                                          ……………………..Plaintiff

Versus

Sameer Agarwal, S/O Karan Agarwal,

R/O Clock Tower, Dehradun                                          …………………..Defendant

APPLICATION FOR RESTITUTION UNDER SECTION 144 CPC.

THE APPLICANT MOST RESPECTFULLY SHOWETH:

1. That the applicant has approached this court in Civil Suit No_____ of 20____ dated _____ for declaration of title and recovery of possession of immovable property from defendant.
2. That this learned court passed the decree in Civil Suit No_____ of 20____ dated ____in favour of the defendant.
3. That applicant preferred appeal challenging decree in High Court in Appeal No. _____ of 20 _____ dated ______. The Hon’ble High Court has varied the decree and passed judgment in favour of applicant.
4. That due to the decree in  Civil Suit No_____ of 20____. The applicant suffered loss, ability to yield profit from property, the defendant taken mesne profits.
5. That the application is brought before this court to restore the original position of the applicant by providing all the necessary damages, interest, cost, possession of the property as expeditiously as possible.

PRAYER

It is therefore, most respectfully prayed that this learned court may kindly please to provide following remedies:

1. Possession in the immovable property bearing Plot No. _______
2. Mesne profits acquired by defendant.
3. Payment of cost
4. Rent and interest of holding such property for a period of _____ years.
5. Any other remedy which court deems necessary, in light of justice, equity and good-conscience.

Place: Dehradun

Dated: 18.01.2025

(Advocate representing Applicant)

Verification

I, Ramesh Kumar, S/O Sudesh Kumar, the above named applicant. Do hereby solemnly verify that the contents of my above application are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.

Verified on this 18^th day of 2025 at Deheradun

Applicant Signature                                                                    (Advocate representing Applicant)

Sample draft

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