By Vijay Kumar

The amount of compensation awarded should put the successful plaintiff in the position he or she would have been had the tortuous action not been committed

Restitution in integrum differs both from review and rectification. It is an inherent power to undo, rectify and act in restitution, if by an erroneous act of the court, prejudice is caused to a litigant. Usually it is in the correction of the ministerial and non-appealable acts, as opposed to judicial acts (which can be corrected by appeal, revision or review), that such restitution is called for;

It is not merely an inherent power but a bounden duty of a Court or Tribunal to undo, rectify and act in restitution if by an erroneous act of the Court, prejudice is caused to a litigant