What is decree holder?

Asked by: Rudolph Breitenberg  |  Last update: November 12, 2022
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" "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made.

What does decree mean in legal terms?

A decree is an order handed down by a judge that resolves the issues in a court case. Though a decree is similar to a judgment, it differs in a few key ways. Historically, courts of equity, admiralty, divorce, or probate could make decrees while a court of law rendered judgments.

Who can make decree?

A decree is a rule of law usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law.

What does issuing a decree mean?

A decree is an official order or decision, especially one made by the ruler of a country.

What is a decree in India?

(2) "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.

Decree Holder in CPC- Online LIVE Class

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Who is decree holder in CPC?

Under Section 2(3) of the Civil Procedure Code, any person in whose favour a decree or an order capable of execution has been passed, he/she is referred to as the Decree Holder.

What is decree of property?

Introduction. Mostly, the decree of sale of immovable property is awarded for enforcing mortgage deed, charge, or for recovery of money or any other kind of encumbrances as deemed fit by the court.

What is decree in divorce?

Decree of divorce is the court order issued under the authority of the family law judge on the dissolution of marriage and related matters like division of marital assets and child custody ..etc.

Why is decree important?

Essential elements of a decree. The term decree is defined in the Code as meaning “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.

What is called decree?

The term “decree” has been defined under section 2(2) of the Code of Civil Procedure,1908. The decree is a formal expression of adjudication by which the court determines the rights of parties regarding the matter in controversy or dispute.

How many types of decree are there?

There are basically three types of decrees: Preliminary decree. Final decree. Partly preliminary and partly final.

What is an example of a decree?

The definition of a decree is an official order or decision. An example of decree is the New York legislative decision making same sex marriage legal in New York in June of 2011. The judgment of a court of equity. A court judgment, especially in a court of equity, bankruptcy, admiralty, divorce, or probate.

Which court can execute a decree?

Section 38 of the Code states that a decree can be executed either by the Court of the first instance or by the Court to which it has been sent for execution.

Is decree the same as judgement?

While a decree deals with the adjudication, suits, rights of the parties and a formal expression, an order may or may not clearly ascertain the rights of the parties to the suit. Judgements are the final decisions of the court.

What is official decree?

A decree is an official order or decision, especially one made by the ruler of a country. In July he issued a decree ordering all unofficial armed groups in the country to disband. Synonyms: law, order, ruling, act More Synonyms of decree.

Can a decree be challenged?

Though there is no limitation to challenge a decree on the basis of fraud etc., however, the same needs to be challenged within a period of 3 years from the date of knowledge of the same (fraud), in light of the provisions of Articles 58 and 59 of the Limitation Act.

What is final decree?

A final decree is one which completely disposes of a suit and finally settles all questions in the controversy between parties and nothing further remains to be decided thereafter. Ordinarily there will be only one final decree in the suit.

What is the difference between divorce order and decree?

So , divorce order and divorce decree is same thing. it is almost same but you have to wait for 90 days i.e. time for appeal before reunion with some one else. As with in this period both parties have the right to appeal before the higher court of law. Its better for you and for your new partner also.

How do I know if my divorce is final?

When Is a Divorce Final? Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.

How long after divorce can you remarry?

Once you have received your Decree Absolute confirming your divorce, you can remarry immediately. There is no waiting period before getting married again. It's important that you make sure your divorce has been finalised before you marry again.

What if decree holder dies?

' Cases have held that where a decree-holder dies or transfers his decree pending the execution application filed by him, then the transferee decree-holder including his heir is entitled under Order 21, Rule 16 to apply for continuing the pending execution application by substituting his name in it and that such an ...

Is decree required to be registered?

If a right is created by a compromise decree or is extinguished, it must compulsorily be registered if the compromise decree comprises immovable property which was not the subject-matter of the suit or proceeding.

How long is a decree valid?

Section 48 of the Civil Procedure Code, 1908, provides that a decree ceases to be enforceable .... Article 136 of the Schedule to the Limitation Act, 1963 provides 12 years for execution of any decree or order of any civil court (other than a decree granting a mandatory injunction).

Is a decree holder party to the suit?

' Now it is clear from it that a person in whose favour an Order capable of execution has been made is also a decree-holder. It is also evident from this definition that a decree-holder need not be a party to the suit. He may be any person. The term has not been defined with reference to the parties to the proceeding.

What is difference between order and decree?

A decree is concerned with the substantive legal rights of the contesting parties, whereas the order takes into account the procedural rights of the parties concerned. While a decree is defined under section 2 (2) of the Code of Civil Procedure Act, 1908 order is defined under section 2 (14) of the Act.