decree

Section 2(2) of the Code of Civil Procedure, 1908 defines a decree as the formal expression of an adjudication which, so far as the court is concerned, conclusively determines the rights of the parties on any matter in controversy in the suit. It may be preliminary (where further proceedings are needed, as in partition or mortgage suits), final, or partly both. The rejection of a plaint and certain determinations under s.144 are deemed decrees.

An order of dismissal for default and an appealable order are not decrees. A decree must be distinguished from a judgment (the statement of grounds) and an order (any other formal decision). Appeals lie from decrees under s.96.

Example

In a partition suit the court first passes a preliminary decree declaring the shares, and a final decree after the division by metes and bounds.

In Indian law

• Section 2(2), Code of Civil Procedure, 1908: decree
• Section 96, Code of Civil Procedure, 1908: appeal from original decree

See also

decree-holder · execution · declaratory decree

Read more in the study notes

• The rule against bias (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)