Sections 144 and 145 of the Code of Civil Procedure, 1908
Section 144 provides for restitution when a decree or order is varied, reversed, set aside or modified. Section 145 provides a direct mechanism to enforce the liability of a person who has furnished security or given a guarantee in connection with a decree or court order.
Section 144 CPC - Application for restitution
(1) Where and in so far as a decree or an order is 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 or order or 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 consequential on such variation, reversal, setting aside or modification of the decree or order.
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).
What Section 144 CPC means
Section 144 embodies the principle of restitution. When a decree or order has been altered in a manner specified by the section, the court may restore the parties, as far as possible, to the position they would have occupied if the altered decree or order had not operated against them. Consequential relief can include costs, interest, damages, compensation and mesne profits.
Sub-section (2) prevents a separate suit where the relief can be obtained through an application for restitution under Section 144 itself.
Uttar Pradesh State Amendment to Section 144
The uploaded page records a Uttar Pradesh substitution of sub-section (1) by U.P. Act No. 24 of 1954. In substance, the State amendment directs the Court of first instance, where a decree or order is varied or reversed in appeal, revision or otherwise, to grant consequential restitution on application by an entitled party.
State source cited in the existing page: U.P. Act No. 24 of 1954.
Section 145 CPC - Enforcement of liability of surety
Where any person has furnished security or given a guarantee -
(a) for the performance of any decree or any part thereof; or
(b) for the restitution of any property taken in execution of a decree; or
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon,
the decree or order may be executed in the manner provided for the execution of decrees, namely -
(i) if he has rendered himself personally liable, against him to that extent;
(ii) if he has furnished any property as security, by sale of such property to the extent of the security;
(iii) if the case falls both under clauses (i) and (ii), then to the extent specified in those clauses;
and such person shall be deemed to be a party within the meaning of Section 47:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
What Section 145 CPC means
Section 145 allows the court to enforce a surety's liability through execution proceedings rather than requiring a separate suit. Depending on the security furnished, enforcement may proceed against the surety personally, against property given as security, or against both within the limits of the undertaking.
Uttar Pradesh State Amendment to Section 145
The uploaded page also records a Uttar Pradesh substitution of Section 145 by U.P. Act No. 24 of 1954. That State text covers a person who becomes liable as surety or gives property as security and includes an explanation deeming a person entrusted by a court with custody of attached property to have become liable as surety for restitution of that property.
State source cited in the existing page: U.P. Act No. 24 of 1954.