Decriminalisation of Politics in India

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University of Petroleum and Energy Studies
College Of Legal Studies, Dehradun

Code of Civil Procedure, 1908.
Project On:-

Doctrine of Restitution

Submitted To:-Submitted By:-
Mr. Radheshyam PrasadUdit Raj Sharma
ProfessorSAP ID:- 500011992
Code of Civil Procedure, 1908. B.A. L.L.B. Section B
COLS, UPES. COLS, UPES

Acknowledgement

I feel highly elated to work on this Project Topic “Doctrine of Restitution” which acquires a place of importance in the Indian Civil legal system and Code of Civil Procedure, 1908. The practical realization of this project has obligated the assistance of many persons. I express my deepest regard for our faculty Professor, the course teacher of CPC, 1908. His consistent supervision, constant inspiration and invaluable guidance have been of immense help in carrying out the project work with success. I would like to thank the librarian staff for all their kind cooperation extended till the end. I extend my heartfelt thanks to my family and friends for their moral support and encouragement.

CONTENTS-

1. Introduction 4 2. Object 6 3. Changes in the Section 8

4. Nature and Scope 9
5. Conditions 10
6. Who may apply? 10
7. Against whom restitution may be granted? 11
8. Who may grant restitution? 11
9. Nature of proceedings 11
10. Extent of restitution 12
11. Interim order 12
12. Inherent power to grant restitution 13
13. Res Judicata 14
14. Bar of Suit 14
15. Limitation 14
16. Appeal & Revision 14
17. Splitting of claim for restitution 15
18. Order Implemented: Effect 15
19. Conclusion 16
20. Bibliography 17

Doctrine of Restitution

1. Introduction-
The expression “Restitution” has not been defined in the Code, but it is “an act of restoring a thing to its proper owner.”(As Per the Concise Oxford Dictionary 1990 at p.1027) In law the term ‘restitution’ is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; (iii) Compensation or reparation for the loss caused to another. “Restitution” means restoring of anything unjustly taken from another. It provides for putting a party in possession of land, tenement or property, which had been unlawfully dispossessed, deprived or disseised of it. In other words, restitution means restoring to a party the benefit which the other party has received under a decree subsequently held to be wrong. The word “restitution” in its etymological sense means restoring to a party on the modification, variation or reversal of a decree what has been lost to him in execution of the decree or in direct consequence of the decree. The principle of the doctrine of restitution is that, on the reversal of the decree, the law imposes an obligation on the party to the suit who received an unjust benefit of the erroneous to make restitution to the other party for what he has lost. The obligation arises automatically on the reversal or modification of the decree and necessarily carries with it the right to restitution of all that has been done under the erroneous decree; and the court in making that decree is bound to restore the parties, so far as they can be restored, to the same position they were in at the time when the court by its erroneous action has displaced them from. Section 144 does not confer any new substantive right. It merely regulates the power of the court in that behalf. It is the bounden duty of courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied but for...
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