MAHJIBHAI MOHANBHAI BAROT vs PATEL MANIBHAI GOKALBHAI & ORS.

The Supreme Court held that applications for recovery of costs and restitution under Section 144 of the Code of Civil Procedure, 1908, are governed by the Limitation Act, 1908. The Court ruled that the execution application for costs was timely as it was filed within three years from the amendment of the decree, which modified the rights of the parties. Furthermore, the Court determined that an application for restitution is to be treated as an execution application, thus also falling within the three-year limitation period from the amended decree date.