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Jabir Hussain vs. State of Rajasthan & Ors.

34.00 3.40

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Code of Civil Procedure, 1908–Sec. 144–Restitution–Meaning and scope–Law imposes an obligation on the parties to the suit who receive the benefit of an erroneous decree to make restitution to the other party for what it has lost–Above obligation arises automatically on the reversal or modification of the decree and necessarily carries with it right to restitution of all that has been lost under the erroneous decree–Subsequent collateral events cannot be taken into consideration for applying the doctrine of restitution and it inexorable consequences when a decree is set aside in appeal.