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Does the Civil Court (Trial Court) have the power of restitution on variation of a decree or order in…

The court of first instance that passed the decree has the power to grant restitution when the decree is varied or reversed on appeal. Section 144 aims to restore the…

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Does the Civil Court (Trial Court) have the power of restitution on variation of a decree or order in appeal?

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The court of first instance that passed the decree has the power to grant restitution when the decree is varied or reversed on appeal. Section 144 aims to restore the parties, as far as possible, to the position they would have occupied without the affected decree. An application is made in that court; a separate suit is barred for relief obtainable under this provision.

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