Deemed Decree

Deemed Decree 

As such the word deemed indicate it is not in actual but by statutory fiction for the purpose of extending meaning of the word decree which it does not expressly cover. So, a deemed decree is a decree because of this statutory fiction or legal fiction.

A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorised as a decree by the legislature. The rejection of a plaint and the determination of questions of facts are deemed decrees.

An adjudication which does not formally fall under the definition of decree stated under Section 2(2) of the Code of Civil Procedure but due to a legal fiction, they are deemed to be decrees are considered as deemed decrees.

As mentioned under sec-2(2) that the rejection of plaint and determination of any questions under section 144 of the code shall deemed to be a decree but shall not include:

(a) any such sentence (adjudication) from which it appears that an appeal lies as an appeal from an order, or

(b) any such order of discharge (dismissal) of default.    

Rejection of plaint and determination of the issue of restitution of decree are deemed decree. Also, an adjudication under Order XXI Rule 58, Order XXI  Rule 98 and Order XXI  Rule 100 are also deemed decrees.

For more reading please visit

Code of Civil Procedure

Section 2. Definitions.

Section 144. Application for restitution.

Difference between Judgement and Decree

Reference: 

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

2) https://blog.ipleaders.in/introducing-decree/

3) https://www.icsi.edu/docs/portals/25/CPC%20Notes-Amish%20Shah.doc#:~:text=Decree%2C%20Order%20%26%20Judgement-,Decree,be%20either%20preliminary%20or%20final.

4) http://mja.gov.in/Site/Upload/GR/Title%20NO.217(As%20Per%20Workshop%20List%20title%20no217%20pdf).pdf

5) http://www.legalservicesindia.com/article/1783/Understanding-of-the-term-Decree,-Order,-Judgment-and-Mesne-Profit.html