Restitution Under Section 144 CPC in Bangladesh: Legal Framework and TRW Law Firm’s Role in Protecting Rights
Table of Contents
- Meaning of Restitution
- Section 144 of the Code of Civil Procedure (CPC)
- Where to Apply for Restitution
- Remedy Against the Decree of Restitution
- Principle Behind Restitution
- Procedure for Restitution
- Conditions for Filing Restitution
- How TRW Law Firm Has Helped Clients with Restitution
Meaning of Restitution
Restitution refers to the restoration of a right, property, or benefit that a party has been unjustly deprived of, due to an erroneous court decree or order. While the term is not explicitly defined in the Code of Civil Procedure (CPC), 1908, its intent is deeply rooted in the principles of justice, equity, and good conscience.
In essence, if a party has:
- Lost property,
- Lost any legal right,
- Paid damages or mesne profits,
due to a legal error, and later that judgment, decree, or order is reversed or modified, the party is entitled to reclaim or be restored to their previous position.
At TRW Law Firm, we have successfully pursued and defended multiple restitution applications on behalf of our clients, ensuring that wrongful outcomes were reversed and justice restored.
Section 144 of the Code of Civil Procedure (CPC)
Section 144 CPC provides the statutory authority for restitution. It reads:
(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or such part thereof as has been varied or reversed…
(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).
🔎 Key Takeaways
- The court of first instance has the jurisdiction.
- Relief includes return of money, property, damages, mesne profits, or any benefit conferred.
- No need to file a separate suit for restitution.
Where to Apply for Restitution
Restitution applications can be filed:
- In the Court of First Instance that passed the original decree (which was reversed or varied), or
- In the Appellate Court (in some cases where appropriate).
At TRW Law Firm, we guide clients on the strategically appropriate forum, ensuring procedural compliance and optimal outcomes.
Remedy Against the Decree of Restitution
The result of a successful restitution application is a decree, as defined under Section 2(2) of the CPC. Therefore, if any party is aggrieved by a restitution decree:
- They can file an appeal under Section 96 of the CPC.
In one TRW matter, our client faced an adverse restitution order despite winning in appellate court. We successfully appealed the restitution decree and protected our client’s rights over valuable immovable property in Dhaka.
Principle Behind Restitution
The doctrine of restitution is built upon the Latin maxim:
“Actus curiae neminem gravabit” — An act of the court shall prejudice no one.
Thus, when a party suffers due to a judicial error that is later corrected, the law mandates restoration to the original status.
Procedure for Restitution
While no rigid procedure is provided under the CPC, courts typically invoke their inherent powers under Section 151 CPC to entertain restitution applications.
📄 Standard Procedure Followed:
- Drafting and filing a formal application for restitution.
- Annexing the reversal/modification order.
- Affidavit in support stating the loss/damage suffered.
- Service of notice to the opposite party.
- Hearing and final order of restitution/decree.
Conditions for Filing Restitution
To invoke Section 144 CPC, the following must be fulfilled:
- Existence of a decree/order which was later reversed or modified.
- The applicant must be a party to the original suit.
- The applicant must have suffered loss due to execution of the decree.
- The application must be filed in the court of first instance.
TRW often advises clients at both pre-litigation and post-decree stages to ensure their restitution rights are preserved.
Examples of TRW Law Firm Successfully Assisting Clients with Restitution
🔹 Case 1: Recovery of Property after Wrongful Execution
A client of TRW was wrongfully evicted from a commercial property due to an ex parte decree in 2017. We challenged the decree and won the appeal in 2020. Our litigation team then filed an application under Section 144 CPC in the court of first instance to restore possession.
Result: Court granted restitution, and our client was lawfully reinstated in the property.
🔹 Case 2: Refund of Mesne Profits Paid under Wrong Decree
In Rahman vs. Developer Ltd., our client had paid over Tk. 8,00,000 in mesne profits following a trial court decision. The High Court Division reversed the decision. TRW immediately filed a restitution application for refund.
Result: Full refund ordered with 6% interest per annum.
🔹 Case 3: Restoration of Land Mutated Through a Cancelled Judgment
A TRW client had lost their title over 3 kathas of land when the mutation was carried out based on a fraudulent decree. We successfully had the decree set aside and filed for restitution.
Result: Mutation was cancelled, and land records were restored in the client’s name.
🔹 Case 4: Corporate Contract Reinstated after Wrongful Blacklisting
Our corporate client was blacklisted from government tenders due to an adverse High Court order. The Appellate Division reversed the order. TRW filed for restitution to reinstate eligibility.
Result: Full reinstatement into public procurement list.
Restitution vs. Appeal vs. Review
| Relief | Purpose | Procedure | When Used |
|---|---|---|---|
| Restitution | Reinstates parties to original position | Section 144 CPC | After decree is reversed or varied |
| Appeal | Challenges correctness of decree | Section 96 CPC | After passing of decree |
| Review | Corrects error on face of record | Section 114 CPC | Rare, when appeal is not possible |
Why Restitution Matters
- Prevents injustice from subsisting after legal correction.
- Protects property and monetary interests.
- Upholds faith in the judicial process.
- Provides a non-litigious remedy through motion.
Conclusion
Though Section 144 CPC is succinct, its implications are wide-ranging and powerful. Restitution ensures that no party suffers due to an erroneous decision, and it plays a vital role in fulfilling the promise of complete justice.
At TRW Law Firm, our clients benefit from an experienced team that recognizes the strategic value of restitution. Whether you’re seeking to reclaim possession, recover funds, or restore status after a wrongful judgment, we stand ready to assist with aggressive, ethical, and efficient legal strategies.
Contact TRW Law Firm
Phones:
- +8801708000660
- +8801847220062
- +8801708080817
Emails:
Offices:
- Dhaka: House 410, Road 29, Mohakhali DOHS
- Dubai: Rolex Building, L-12 Sheikh Zayed Road
Let TRW help you get back what is lawfully yours.