Bare Act:
Section 2 Sub-section (2) “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 plaint and the determination of any question within 1*** 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.
Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
Note: 1***: The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977).
Part in red is reproduced as it is from the bare act.
Introduction:
The term decree can be termed as the judicial decision in a litigated cause rendered by a Court of equity. It is the determination of a cause in a Court of admiralty or Court of probate. The decree shall follow on judgment pronounced by Court after hearing the case/suit. Thus a decree is based upon judgment. Section 33 of the Code of Civil Procedure describes the term ‘Judgement and Decree’ together.
A decree always follows
judgement and is based upon a judgement. It is divided into three types unlike
judgement which is final in itself. A decree may be final or preliminary. It is
a formal declaration or adjudication and is conclusive in nature. A decree may
be delivered with an order. The decree contains the outcome of the suit and
conclusively determines the rights of the parties with regard to the issues in
dispute in the suit. After passing the decree, the suit stands disposed of
since the rights of the parties are finally determined by the court.
For the execution of decree Order
XXI of the Code lays down the provisions and procedure. A decree is
appealable and even second appeal lies to High Court after the first appeal of
a decree. A decree is passed only in civil suits and not in criminal matters.
According to Section
2(2) of the Code of Civil Procedure,1908 decrees are divided into three
categories: a) Preliminary decree, b) final decree, c) partly preliminary and partly final decree.
The necessity of a
Decree
The Code of Civil Procedure
requires the passing of a decree in all the suits. A decree is based upon
judgement and it also follows a judgement which is the reason why it is an
indispensable and essential requisite. The decree is indispensable or an
absolute requisite. It is an essential part of the ultimate outcome of the suit.
An appeal can be made against a decree and not against a judgement. If the
decree is absent an appeal cannot be ‘put in motion’.
Drawing up of a Decree
Rule 6A Order XX of
Code of Civil Procedure,1908 states that a decree shall be drawn within 15 days
of the judgement. An appeal can be favoured or preferred without filing a copy
of a decree if it is not drawn within 15 days of the judgement.
For more reading please visit
Section 2. Definitions.
Section 33. Judgment and decree.
Section 144. Application for restitution.
Order XX Rule
Difference between Judgement and Decree
Reference:
1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/
2) https://blog.ipleaders.in/introducing-decree/
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