DECREE- CIVIL PROCEDURE CODE (ALL ABOUT DECREE)

IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.

1. CIVIL PROCEDURE CODE (CPC) DEFINITION SECTION OF THE CODE- SECTION 2(2) DECREE OF CIVIL PROCEDURE ACT, 1908

2. SECTION 2(2) OF THE ACT-DECREE "Decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plain and the determination of any question within Section 144, but shall not include: (a) any adjudication from which an appeal lies as an appeal from an order, or; (b) any order of dismissal for default.

3. ESSENTIAL ELEMENTS OF DECREE

4. DECISIONS OF COURT WHICH ARE DECREE Order of abatement of suit; Dismissal of appeal as time barred; Dismissal of suit or appeal for want of evidence or proof; Rejection of plaint for non-payment of court fees; Granting or refusing to grant costs or instalments; Modification of scheme under Section 92 I.e. public charities of the code; Order holding appeal not maintainable; Order holding that the right to sue does not survive; Order holding that there is no cause of action; Order refusing one of several reliefs.

5. DECISIONS OF COURT WHICH ARE NOT DECREE Dismissal of appeal for default; Appointment of Commissioner to take accounts; Order of remand; Order granting or refusing interim relief; Return of plaint for presentation to proper court; Dismissal of suit under Order 23 Rule 1; Rejection of application for condonation of delay; Order holding an application to be maintainable; Order refusing to set aside sale; Order directing assessment of mesne profits.

6. THREE CLASSES OF DECREES PRELIMINARY DECREE A preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings. Case law:- Shankar vs. Chandrakant (1995) 3 SCC 413 (416) A preliminary decree is only a stage in working out the rights of the parties which are to be finally adjudicated by a final decree. FINAL DECREE A decree may be said to be final in two ways:- ( i ) when within the prescribed period no appeal is filed against the decree or the matter has been decided by the decree of the highest court; and (ii) when the decree, so far as regards the court passing it, completely disposes of the suit. Case law:- Venkata Reddy vs. Pethi Reddy AIR 1963 SC 992 PARTLY PRELIMINARY & PARTLY FINAL DECREE A decree may be partly preliminary or partly final, where the court decrees- (a) decrees possession of the property; and (b) directs an enquiry into the mesne profits.

7. DEEMED DECREE A Deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorized as a decree by the legislature. The rejection of the plaint, determination of the questions under section 144 (Restitution), adjudications under Order 21 Rule 58, Rule 98 or 100 are said to be deemed decree. Case Law:- CIT vs. Bombay Trust Corporation AIR 1930 PC 54 "Whenever the legislature uses the word "deemed" in any statue in relation to a person or thing, it implies that the Legislature, after due consideration, conferred a particular status on a particular person or thing."

8. DISTINCTION B/W JUDGEMENT sec 2(9) & DECREE sec 2(2) JUDGEMENT Judgement means the statement given by a judge on the grounds of a decree or order. No formal expression of judgement is required. Judgement should state precisely the relief granted. Judgement is a stage prior to the passing of a decree or an order. There may be judgement in civil suit as well as criminal cases DECREE It is not necessary for a judge to give a statement in a decree though it is necessary in a judgement. It is essential that  decree must have formal expression. Decree must be determinate about the rights of the parties. Whereas, after the pronouncement of a judgement, a decree shall follow. Generally, a decree is passed in a civil suit.

9. DISTINCTION B/W ORDER sec 2(14) & DECREE sec 2(2) ORDER Sec 2(14) An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceeding. It can be passed in a suit initiated by a presentation of plaint, application or petition. It deals with procedural legal rights of the parties. Order is always final. There can be many orders in a suit. DECREE Sec 2(2) A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. It is passed in a suit initiated by a presentation of a plaint. It deals with substantive legal rights of the parties. Decree can be preliminary, final, partially preliminary or partially final. Whereas, there is only one decree in a suit.

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