What is decree under CPC?

Asked by: Dwight Yost | Last update: September 18, 2022

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Decree. Defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit. A decree may be either preliminary or final.

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.

What is decree of the court?

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.

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.

What are the kinds of decree?

Types of Decree

Preliminary Decree.
Final Decree.
Partly Preliminary and Partly Final Decree.
Deemed Decree.
Consent Decree.
Ex-parte Decree.
Decree Passed in Appeal.
Decree on Compromise Petition.

Difference between Judgment Decree and Order | Civil Procedure Code

36 related questions found

How many types of decree are there in CPC?

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

What is decree in CPC PDF?

Section 2(2).- Decree means the formal expression of an adjudication which so for 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.

What is decree in law?

“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.

WHO issues a decree?

A decree is a legal proclamation, 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. The particular term used for this concept may vary from country to country.

Which is the best meaning for decree?

a formal and authoritative order, especially one having the force of law: a presidential decree. Law. a judicial decision or order.

What is order and decree in CPC?

As mentioned at the outset, the Decree is an adjudication that conclusively determines the rights of the parties, if an order is an adjudication of the court, which is not a decree, then, an order must be the direction prescribed by the court to the parties regarding their conduct.

What is difference between decree and 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.

Is decree a judgment?

A decree always follows judgement and is based upon a judgement. It is divided into five types unlike judgement which is final in itself. A decree may be final or preliminary. It is a formal declaration or adjudication and is conclusive in nature.

Which is not decree in CPC?

The provisional decisions or the interlocutory orders cannot be termed as a decree as they are not the final decision of the Court. Therefore, orders passed by the Court on certain issues and remitting other issues to the trial court is not a decree as it does not determine the rights of the parties conclusively.

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.

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 decree holder?

" "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made.

Is decree an instrument?

In this context learned Counsel contended that in Article 59 of the Limitation Act, 1963 a provision has been made both for "decree" as well as "instrument".

Is decree a property?

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 charge decree?

on 5 March, 1956. charge was made part of the decree but the decree itself, through oversight, omitted to mention the charge created ... decree merely embodies a charge which exists in law apart from the decree itself. If a decree embodies a charge. Calcutta High Court.

How decree is executed?

A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.

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.

What is to decree and declare?

Those involved in the “decree and declare” movement claim that if someone decrees or declares something, then it will happen. To “declare” is to state (out loud) a fact; to “decree” is to issue an authoritative command.

What you decree shall be established?

Job 22:28 states, "Thou shalt also decree a thing and it shall be established unto thee and the light shall shine upon thy ways." This scripture is a powerful attestment to the power of spoken words, When we decree and declare according to God's Word, we are operating in our dominion authority and activating our power ...

Who wrote Psalm 119?

There is a tradition that King David used this psalm to teach his young son Solomon the alphabet—but not just the alphabet for writing letters: the alphabet of the spiritual life. The psalm comprises an entire Kathisma (division of the Psalter) in Orthodox liturgical practice.