CPC

1. Decree in Original Suit (Sample)
(Order XX rr.6,7)
(Title of the Suit)
A....................Plaintiff
v
B.........Defendant
Claim for .....................[Here court shall write the particulars of Claim of Plaintff (O.XX R.6(1)]
The suit coming on this day for final disposal before...in the presence of ....for the Plaintiff and of ....for the Defendant it
is ordered and decreed that ...............................................[Here court shall clearly mention the relief granted or other
determination of the suit (i.e. operative part of the judgment) - O.XX R.6(1)] and
the sum of Rs......be paid by ..........to the ......on account of the costs of this suit, with interest thereon at the rate of
.....per annum from this date to the date of realization. [Here court shall mention if any costs incurred by one party to
be paid by the opposite party (O.XX R.6(2)]
Given under my hand and seal of this court on ....................(day and date) [O.XX R.7]
Sign of the Judge

2. Preliminary Decree in Suit for Dissolution of Partnership Firm:
O. XX Rule 15: Where a suit is for the dissolution of partnership firm or taking of partnership accounts, the Court, before
passing a final decree, may pass a prelimirany decree declaring:
- the proportionate shares of the Parties
- fix the day on which partnership firm shall stand dissolved; and
- directing such accounts to be taken, and other acts to be done, as it thinks fit.
Preliminary decree in Suit for Partition of Proeprty or Seperate Possession of a Share therein:
O.XX Rule 18: Where the Court passes a decree for the Partition of property or for the Seperate Possession of a share
therein, then,
-- the Court may, if the Partition or seperation cannot be conveniently made without further inquiry, pass a preliminary
decree declaring:
- the rights of the several parties interested in the property and
- giving such further directions as may be required.

3. Section 2(3): “Decree Holder” means any person in whose favour a decree has been passed or an order capable of
execution has been made.
Section 2(10): “Judgment debtor” means any person against whom a decree has been passed or an order capable of
execution has been made.
Section 2(12): “Mesne profits” of property means those profits which the person in wrongful possession of such property
actually received or might with ordinary diligence have received therefro, together with interest on such profits,
but shall not inlude profits due to improvements made by the person in wrongful possession.

4. Example of Partly Final and Partly Preliminary Decree:
O.XX R.12: (1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profit the
Court may pass a decree:
(a) for the possession of the property; [Final Decree]
(b) for the rents which have accrued on the property during the period prior to the institution of the suit or
directing an inquiry as to such rent; [Preliminar Decree]
(ba) for the mesne pofits [Final Decree]or
directing an inquiry as to such mesne profits; [Prelimiray Decree]
(c) directing an inquiry as to rent or mesne profits from the institution of suit, until
(i) the delivery of possession to the decree-holder;
(ii) the relinquishment of possession by the judgment debtor with notice to the decree holder through the court
or
(iii) the expiration of three years from the date of decree,
whichever event first occurs.
(2) Where an inquiry is directed under clause (b) and clause (c), a final decree in respect of the rent or mesne profits shall
be passed in accordance with the result of such inquiry.