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ESSENTIALS OF DECREE
The decision must have been expressed in a suit.
The decision must have been expressed on the rights of the
parties with regard to all or any of the matters in controversy.
The decision must be one that conclusively determines the
rights.
The decision must have been given formal expression as
adjudication.
In the suit
CONCLUSIVELY DETERMINES
The expression conclusively determines implies that the decision
must be one that is complete and final as regards the court which
passed it. The decree may conclusively determine the rights of the
parties although it does not completely dispose of the suit.
FORMAL EXPRESSION
All requirements of form must be complied with. Thus if no decree
has been drawn up , no appeal will lie from the judgement. Howver
the right of a party to prefer an appeal is not affected by the
failure to draw up a decree as that is only formal. And a party in
whose favour a final adjudication has been made up is entitled to
apply for its enforcement in execution even though no formal decree
has been drawn up. Under O 41 r 1 CPC an amendment by the code of
civil (amendment)procedure,1999 brought into force with effect
from july 1 2002 , an appeal lies from the judgement itself and for
the purposes of appeal, drawing of decree is no more essential. It
must be the adjudication by the court.
ABATEMENT OF A DECREE
The Bombay high court has held that an order holding that the right
to sue did not survive after the death of the original plaintiff
amounted to a decree as it is determined the rights of the legal
representatives.
PRELIMINARY POINT
REJECTION OF APPEAL
DISMISSAL OF APPEAL
EXECUTION PROCEEDINGS
Preliminary decree
Final decree
Partly preliminary and partly final
Order rejecting the plaint
In this case even the decree is only one but the decree is partly
preliminary and partly final.
ORDER
Sec 2 (14) Of CPC defines order-
The award of the debt board under the Hyderabad debtors relief
act is not an order. Also the award given by motor accident claim
tribunal does not have the status of a judgement, decree or order
as contemplated by the civil procedure code.
Now let us take some decision which are decree and which are not
decree.
AYONIJA
Roll.NO-01
THE CODE OF CIVIL PROCEDURE
BA.LLB (Hons.)
2016-17
G.P.SAHOO AYONIJA
B.H.U