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Understanding Decrees in CPC

The document defines and discusses different types of decrees under the Civil Procedure Code of India. It defines a decree as a formal court adjudication that determines the legal rights of parties on matters in controversy. A decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree declares parties' rights but leaves actual results for further proceedings. A final decree fully disposes of a suit and settles all questions. An appeal cannot dispute a preliminary decree's correctness if no appeal was made against it.

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Anakha Saju
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632 views3 pages

Understanding Decrees in CPC

The document defines and discusses different types of decrees under the Civil Procedure Code of India. It defines a decree as a formal court adjudication that determines the legal rights of parties on matters in controversy. A decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree declares parties' rights but leaves actual results for further proceedings. A final decree fully disposes of a suit and settles all questions. An appeal cannot dispute a preliminary decree's correctness if no appeal was made against it.

Uploaded by

Anakha Saju
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We take content rights seriously. If you suspect this is your content, claim it here.
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  • Decree under CPC: Provides an introduction to decrees under Civil Procedure Code, detailing their nature and legal implications.
  • Types of Decrees: Explores the various types of decrees, such as preliminary and final decrees, and their distinct characteristics and implications.
  • Appeal from Final Decree: Details the appeal process for final decrees, including conditions under which appeals are permissible.

DECREE UNDER CPC

 Decree is formal expression of 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.

Meaning and Definition of Decree -

 Section 2 (2) of the Civil Procedure Code1908 defines Decree. According to


said Section "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 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.
 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.

Decree Holder

 According to Section 2 (3) of the Civil Procedure Code - "decree-holder"


means any person in whose favor a decree has been passed or an order
capable of execution has been made.

Notes on Code of Civil Procedure prepared by Mrs. Priya Jagadeesh, Assistant


Professor, Law, CSI College for Legal Studies, Kottayam
Types of decrees -

Preliminary decree –

 A preliminary decree is passed in those cases in which court has first to


adjudicate upon the right of the parties and then to stay its hands for the
time being, until it is in a position to pass final decree in the suit. A
preliminary decree is only a stage of working out the rights of the parties
which are to be finally adjudged by a final decree.

A. Final decree
 A final decree is one which completely disposes of a suit and finally settles
all questions in controversy between parties and nothing further remains
to be decided thereafter.
 A decree may be said to be final in following two ways –
a) when within the prescribed period No appeal is filed against the degree
or the matter has been decided by the decree of the highest Court; and
b) when the decree, so far as regards the court passing it, completely
disposes of the Suit.

B. Partly preliminary and partly final decree


 As above said a decree may be partly preliminary and partly final. 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.
Then as the result of further inquiries conducted pursuant to the
preliminary decree, the rights of the parties are fully determined and a
decree is passed in accordance with such determination which is final.
 decree may be said to be final in following two ways –
a) where the time for appeal has expired without any appeal being filed
against the preliminary decree or the matter has been decided by the
highest court.

Notes on Code of Civil Procedure prepared by Mrs. Priya Jagadeesh, Assistant


Professor, Law, CSI College for Legal Studies, Kottayam
b) when the time for Appeal has expired without any appeal being filed
against the preliminary decree the same stands completely disposed of.

Appeal from final decree when no appeal from preliminary decree -

 According to Section 97 of the Civil Procedure Code, Where any party


aggrieved by a preliminary decree after the commencement of this Code
does not appeal from such decree, he shall be precluded from disputing
its correctness in any appeal which may be preferred from the final decree.

Notes on Code of Civil Procedure prepared by Mrs. Priya Jagadeesh, Assistant


Professor, Law, CSI College for Legal Studies, Kottayam

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