This document defines key terms from the Civil Procedure Code related to decrees. It explains that a decree is the formal expression of an adjudication that conclusively determines the rights of parties in a suit. A decree must be the result of a judicial determination in a suit and formally express the outcome. It can be preliminary and determine further proceedings are needed, or final. Certain decisions like dismissing a case for default are considered orders, not decrees. Decrees are distinguished from judgments and orders. The document outlines the elements of and types of decrees according to Indian civil procedure 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
Adjudication- Adjudication
means judicial determination of
the matter in dispute.
Suit- Suit is a civil proceeding
instituted by the presentation
of a plaint. The adjudication
must have been done in a suit.
Rights of parties in controversy-
This means that the rights of
the parties must be determined
by adjudication. By "rights"
here means substantive rights
of parties and not merely
the procedural rights.
Conclusive Determination- The
determination must be
conclusive i.e. it must be final
and conclusive regarding the
court passing it.
Formal Expression-
Adjudication must be in formal
expression. The formal
expression must be
deliberate and given in the
manner provided by a law.

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
o 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.
o 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.
o 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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