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Section 144 of the CPC ('Application for restitution') is referenced in the definition of decree. What relationship does Section 144 bear to the definition of decree under Section 2(2)?
Answer & Solution
Correct answer: B.
1. Section 2(2) of the CPC says: 'The decree shall be deemed to **include the rejection of a plaint and the determination of any question within Section 144 (Application for restitution) of the Code**.'
2. But decree does **NOT include**: (a) **any adjudication from which an appeal lies as an appeal from an Order**, or (b) **any order of dismissal for default**.
3. Section 144 deals with the right of restitution — when a decree is varied or reversed on appeal or revision, the trial court is bound to restore the parties to the position they would have occupied but for the original decree. Such restitution orders are treated as decrees.
4. Options B, C and D distort the inclusive definition.
_Source: ICSI CS Executive — Lesson 8, 'Decree' (Section 2(2)), p. 175._
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