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

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.

In the case of Nathu v. Sanwla, (1974) decided by the Rajasthan High Court, it was held that an Order under Section 47 CPC or Section 144 of CPC is an order and it has been included in the definition of decree under Section 2(2) by the words:'it shall be deemed to include rejection of a plaint and determination of any question within Section 47 or Section 144'.

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