English
(1) The judgment may confmn, vary or reverse the decree or order
CIVIL PR.OCEDURE CODE -\13
from which the appeal is preferred.
(2) Where the parties to the appeal apee as to the form which the
decree in appeal sba1l take, or as to the order to be made in
appeal, the Appellate Court may pass a decree or make an order
accordin81Y.
Art. 38- .Appllctltionfor restitution
(1) Where and is so far as a decree or order is varied or reversed,
the court of fll'St 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 order or such part thereof as has been varied or
reversed.
(2) For the purpose of sub-art.
(1) , the court may make any orders
iDc1udingorders for the refund of costs and for the payment of
interest, d,m compensation and mesne profits which are
properly. consequential on such variation or reversal.
(3) No suit shall be instituted for the purpose of obtaining any
restitution or other relief which could be obtained by appli-
cation under sub-art (1).
