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Restitution on Reversal (Section 144 CPC)

Jurisdictional & Appellate Practice Terms

Definition

The statutory obligation of an executing court to place parties in the exact position they would have occupied if a decree that has subsequently been varied, reversed, or set aside on appeal had never been executed.

Example

A landlord evicts a tenant by executing a trial court decree. The High Court reverses the decree on appeal. The executing court acts under Section 144 CPC to compel the landlord to restore physical possession of the shop to the tenant and repay collected mesne profits.