the context of“ insofar as a decree is varied or reversed”. It is argued that the restitution to the judgment debtor shall be in proportion to the variation/modification made in the decree so that equitable justice is done to subsequent purchaser as well. The conduct of the party and lapse of time from the date of variation of decree and when the restitution is going to be ordered as well as the third-party interest are other factors which need to be considered while ordering restitution. 7 AIR 1948 MAD.12 8 (1953) SCR 55912 ANALYSIS 11. The statutory mandate for restitution is contained in Section 144 CPC which is reproduced hereunder: 144. 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 in any benefit by way of restitution or