Quick Referencer for Judicial
Q. Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.
Chattisgarh Judicial Service (P.T.) Exam. U.P. Higher Judicial Service (Additional District Judge Special Recruitment for Scheduled Castes) Exam. 1996
Ans: Yes, determination of a question under Section 144 C.P.C. is a decree—Section 2(2) Civil Procedure Code.
Reasons: This problem is based on Section 2(2) of Code of Civil Procedure which gives the definition of a decree.
The relevant part of Section 2(2) of C.P.C. on which this problem is based, states that a decree shall be deemed to include “the determination of any question under
Section 144” of C.P.C. Supreme Court also in Mahiji Bhai v. Mani Bhai, AIR 1995 SC 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.
Thus, in view of the above provision made in Section 2(2) and decision given in above referred case, it can be said that determination of a question under Section 144 of Civil Procedure Code is a decree by fiction of law.
Note: Section 144 of Civil Procedure Code deals with law relating to ‘Application for Restitution’. For detail about ‘Restitution’ see Section 144 of Code of Civil Procedure.
Source: Kishor Prasad, Problems & Solutions on Civil Law