1. A decree is the final decision of a court regarding the rights of parties in a civil suit. It must be a conclusive determination expressed formally by the court. 2. There can be preliminary and final decrees. A preliminary decree requires further steps before fully disposing of the suit, while a final decree settles all issues. 3. Rejection of a plaint or determinations under section 144 are considered decrees. Dismissals for default are considered orders rather than decrees.

1. AvB‡bi mnR cvV 5 6 Aa¨vq GKt †`Iqvwb Kvh©wewa
Decree and Order:
The Code of Civil Procedure, 1908 by
Mahamud Wazed,
Author:
1.Handbook on Penal Code, 1860;
2.Handbook on Code of Civil
Procedure, 1908;
3.Book on Bar Council & Judicial
Exam
Decree, S. 2(2)
Generally Decree means final decision of the court.
According to s.2(2) Decree" means
 the formal expression of an adjudication
 Court expressing it
 To determine the rights of the parties with regard
to all or any of the matters in controversy in the
suit
 The determination must be conclusive in nature
"
For example
In a suit between X and Y, X may claim that a particular property
P belongs X. After hearing all the arguments, the court will rule
in the favor of either X or Y. The final decision of the court
regarding this claim is a decree.
From the above definition we can see the following essential
elements of a decree -
1. There must be an adjudication
Adjudication means Judicial Determination of the matter in
dispute.
For example, dismissing a suite because of default in appearance
of the plaintiff is not a decree. But dismissing a suite on merits of
the case would be a decree.
2. There must be a suit
Decree can only be given in relation to a suit. Although CPC
does not define what suit means, in Hansraj vs Dehradun
Mussoorie Tramways Co. Ltd. AIR 1933, the Privy Council
defined the term suit as "a civil proceeding instituted by the
presentation of a plaint".
3. Rights of the parties
The adjudication must be about any or all of the matters in
controversy in the suit.
4. Conclusive Determination
The determination of the right must be conclusive.
5. Formal expression
To be a decree, the court must formally express its decision in the
manner provided by law. A mere comment of the judge cannot be
a decree.
Decree shall include
 the rejection of a plaint [Or-7, R-11]and
 the determination of any question within section 144

2. AvB‡bi mnR cvV 5 6 Aa¨vq GKt †`Iqvwb Kvh©wewa
Decree shall not include
 Any adjudication from which an appeal lies as an
appeal from an order, [Or.43] or
 Any order of dismissal for default. [ Or-9, Rr-2,3,8;
Or-41, Rr-11(2), 17, 18]
Kinds of Decree
2 Types:
1. Preliminary decree or
A decree is preliminary when further proceedings have to
be taken before the suit can be completely disposed of.
[Or-20, Rr-12 to 18; Or-34, R-2 to 8]. CPC provides for
passing a preliminary decrees in several suits such as -
suit for possession and mesne profits, administration
suit, suits for pre-emption, dissolution of partnership,
suits relating to mortgage. In Narayanan vs Laxmi
Narayan AIR 1953, it was held that the list given in CPC
is not exhaustive and a court may pass a preliminary
decree in cases not expressly provided for in the code.
2. Final decree
It is final when such adjudication completely disposes of
the suit. A final decree settles all the issues and
controversies in the suit. [Or-20, Rr-10 to 11]
Decree may be partly preliminary and partly final.
[Or- 20, R-18]
Preliminary and Final decree
The difference between a preliminary and final decree though
fairly straightforward has been the subject matter of debate.
A final decree here means disposal of the suit; if a decree
has been passed but the suit has not been completely disposed
off, then the decree is a preliminary one.
A preliminary decree is usually passed where the Court
waits for the situation to mature itself to a stage where a final
decree may be passed. It is usually passed in suits for possession
and mesne profits, suits for pre-emption etc.
A final decree may be said to be final in two ways:
 when the time for appeal has expired without
appeal being filed against the preliminary decree
or the matter has been decided by the highest
court;
 When, as regards to the court passing the decree,
the same stands completely disposed of.
It is the latter sense that the word ‘decree’ is used in section 2(2)
of the Code.”
So, when in a suit for possession, the court determines
that the parties has a right of mesne profit, but appoint a
commission for inquiry to determine the appropriate amount that
to be given as mesne profit and later on the basis of such report
received finally decides the matter. In such situation, the first
decision, which determines the right of mesne profit, is the
preliminary decree and the final decision wherein the amount is
also mentioned is final decree.
How many Preliminary Decree and Final Decree may be in a
Suit?
As the code is silent about the point, and hence the conflict in
opinion was observed in the decisions of different High Courts.
As in the case of Jyoti Prasad V. Ganeshi Lal , AIR 1961Punj
120, the high court opined that there can be only one preliminary
decree in a suit, however in the case of Peary Mohan Mookerjee
V. Manohar Mookerjee, AIR 1924 Cal 160, culcutta high court
held there can be more than one preliminary decree.
The debate is concluded by the pronouncement of the Supreme
Court in Phoolchand V. Gopal Lal ,AIR 1967 SC 1470,
wherein it has been observed that there is nothing in the Code
which prohibits passing of more than one preliminary decree, if
circumstances justify the same and it may be necessary to do so.

3. AvB‡bi mnR cvV 5 6 Aa¨vq GKt †`Iqvwb Kvh©wewa
However, this observation was restricted to the partition suit only
as the court specifically mentioned.
In Gulusam Bivi V. Ahamadasa Rowther, AIR 1919 Mad
998, the High Court of Madras, referring to Rules 12 and 18
of Order 20 of the Code, stated:
“Neither rule contemplates more than one preliminary decree and
one final decree in one suit. In fact, the code nowhere
contemplates more than one final decree in one suit.”
Finally, in Shankar V. Chandrakant, AIR 1995 SC 1211, the
Supreme Court Said “It is settled law that more than one final
decree can be passed.”
Deemed Decree
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; however it shall not include the
dismissal of suit in default and any adjudication from which an
appeal lies as an appeal from an order.
Focusing Points
 There may be one or more decree in a suit, but final
decree may be one.
 Rejection plaint is a decree but rejection of application for
pauper suit is not a decree.
Compromise Decree
Decree given on the basis of compromise or agreement.
No appeal against compromise decree.
"Order" S.2(14)
"Order" means
 the formal expression of any decision of a Civil Court
 which is not a decree:
Dismissing a suite because of default in appearance of the
plaintiff is not a decree. This decision is called order. Decisions
made in misc.case also called order.
Kinds
1. Appealable order
2. Non-appealable order
Decree & Order
Decree - S. 2(2) Order S. 2(14)
Can only be passed in a suit
originated by the presentation of a
plaint.
Can be passed in a suit
originated by the presentation
of a plaint, application, or
petition.
Contains Conclusive
Determination of a right
May or may not finally
determine a right.
May be final, preliminary, or
partly preliminary - partly final.
Cannot be a preliminary order.
In general, there can only be one
decree or at the most one
preliminary and one final decree
in a suit.
There can be any number of
orders in a suit.
Every decree is appealable unless
an appeal is expressly barred.
Only those orders which are
specified as appealable in the
code are appealable.