Question: Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer. Find the answer to the mains question only on Legal Bites. [Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.] Answer Section 144 enables… Read More »

Question: Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer. Find the answer to the mains question only on Legal Bites. [Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.] Answer Section 144 enables the successful party to be placed in status quo ante and empowers the court to order restitution when a decree or an order is varied...

Question: Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.

Find the answer to the mains question only on Legal Bites. [Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.]

Answer

Section 144 enables the successful party to be placed in status quo ante and empowers the court to order restitution when a decree or an order is varied or reversed in any appeal, revision, or other proceedings.

The relevant part of Section 2(2) of CPC on which this problem is based, states that a decree shall be deemed to include “the determination of any question under section 144” of CPC.

Supreme Court also in Mahjibhai Mohanbhai Barot v. Patel Manibhai Gokalbhai & Ors 1965 AIR 1477 held that Section 144 deals with restitution and determination of a question under that section, and is included in the definition of ‘decree’ for the purpose of giving a right of appeal.

Thus, in view of the above-made provision and decision given in the above-referred case, it can be said that the determination of a question under section 144 of CPC is a decree by the fiction of law.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
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  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
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Updated On 2021-11-16T07:00:08+05:30
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