preliminary decree

Under the Explanation to section 2(2) CPC, a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of, and final when the adjudication completely disposes of the suit. Typical preliminary decrees are passed in suits for partition (declaring shares), mortgage suits (declaring the amount due and fixing time to pay), and suits for accounts, dissolution of partnership and possession with mesne profits.

A preliminary decree is appealable, and if not appealed its findings cannot be challenged in an appeal against the final decree (section 97 CPC). There can be more than one preliminary decree in a suit. It is not an interim order: it is a final decision of the rights it decides.

Example

The appellant could not attack the shares fixed in the unappealed preliminary decree in his appeal against the final decree, because of section 97 CPC.

In Indian law

• s.2(2) Explanation, Code of Civil Procedure, 1908
• s.97, CPC (appeal from final decree where no appeal from preliminary decree)
• Order XX Rule 18 and Order XXXIV, CPC (partition and mortgage suits)

See also

decree · partition · mesne profits · foreclosure

Read more in the study notes

• Judgment and decree: definitions, kinds, and Order XX (Civil Procedure Code and Limitation Act)
• Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receivers (Civil Procedure Code and Limitation Act)
• The Hindu Succession (Amendment) Act, 2005 (Family Law I - Hindu Law)