144 145 CPC Application for the restitution

144. Application for the restitution.__(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; and, for this purpose, the Court may make any orders,
1For notification empowering the District Judge, Karachi, to appoint the officers of District Courts for the purpose of this clause, see Gaz. Of P. 1956, Pt. 1. p. 294.
2Subs. by A.O., 1937, for “L.G.”.
3Subs. by A.O., 1937, for “L.G.”.
4The words “with the previous sanction of the G.G. in C.” omitted by the Devolution Act, 1920 (38 of 1920), s.2 and first Sch., Pt.I.
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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 or reversal.
(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which
could be obtained by application under subsection
(1).
145. Enforcement of liability of surety. Where any person has become liable as surety__
(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 fulfillment of any condition imposed on any
person, under an order of the Court in any suit or in any proceedings consequent thereon,
the decree or order may be executed against him, to the extent to which he has rendered himself
personally liable, in the manner herein provided for the execution of decrees, and such person
shall, for the purposes of appeal, be deemed 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.
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