Babu Daniel vs The Madras Medical Mission on 1 October, 2021
“26. In our opinion, the principle of
restitution takes care of this submission. The word
“restitution” in its etymological sense means
restoring to a party on the modification, variation or
reversal of a decree or order, what has been lost to
him in execution of decree or order of the court or
in direct consequence of a decree or order
(see Zafar Khan v. Board of Revenue, U.P. [Zafar
Khan v. Board of Revenue, U.P., 1984 Supp SCC
505] ). In law, the term “restitution” is used in three
senses : (i) return or restoration of some specific
thing to its rightful owner or status; (ii)
compensation for benefits derived from a wrong
done to another; and (iii) compensation or
reparation for the loss caused to another.