Application for restitution

 

Code of Civil Procedure Section

 

144. Application for restitution.—(1) Where and in so far as a decree ¹[or an order] is ²[varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order] 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 ¹[or order] or ²[such part thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly ²[consequential on such variation, reversal, setting aside or modification of the decree or order].

³[Explanation.—For the purposes of sub-section (1), the expression “Court which passed the decree or order” shall be deemed to include,—

(a) where the decree or order has been varied or reversed in exercise of appellate or revisional jurisdiction, the Court of first instance;

(b) where the decree or order has been set aside by a separate suit, the court of first instance which passed such decree or order.

(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.]

(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).

Note: 1. Ins. by Act 66 of 1956, s. 13.

2. Subs. by Act 104 of 1976. s. 48, for certain words (w.e.f. 1-2-1977).

3. Ins. by. s. 48, ibid. (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Postage

 

Code of Civil Procedure Section

 

143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:

Provided that the State Government ¹*** may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.

Note: 1. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s 2 and the First Schedule, Pt. I

 

Code of Civil Procedure Section

Orders and notices to be in writing

 

Code of Civil Procedure Section

 

142. Orders and notices to be in writing.—All orders and notices served on or given to any person under the provisions of this Code shall be in writing.

 

Code of Civil Procedure Section

Miscellaneous proceedings

 

Code of Civil Procedure Section

 

141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

¹[Explanation.— In this section, the expression “proceedings” includes proceedings under Order IX, but does not include any proceedings under article 226 of the Constitution.]

Note: 1. Ins. by, s. 47, ibid. (w.e.f 1-2-1977).

 

Code of Civil Procedure Section

Assessors in causes of salvage, etc

 

Code of Civil Procedure Section

 

140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.

(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.

 

Code of Civil Procedure Section

Oath on affidavit by whom to be administered

 

Code of Civil Procedure Section

 

139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—

(a) any Court or Magistrate, or

¹[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]

(b) any officer or other person whom a High Court may appoint in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent.

Note: 1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Power of High Court to require evidence to be recorded in English

 

Code of Civil Procedure Section

 

¹[138. Power of High Court to require evidence to be recorded in English.—(1) The ²[High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.

(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.

Note: 1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.

2. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I for “L.G.”.

 

Code of Civil Procedure Section