Meaning of Decree
Types of decree are discussed in the post. The general meaning of the decree under CPC is an announcement of the legal consequences of a particular act, which is brought after hearing the merits of both sides of the civil case. And, then it is an affirmation that the court’s order has been carried out.
An appeal can be made against the decree passed but not against the judgement.
Definition of Decree
The term decree has been defined under Section 2(2) of Civil Procedure Code, 1908, the decree is defined as “the decree is a formal expression of an adjudication which conclusively determines the rights of both the parties, concerning all or any of the matters in the controversy in the suit and it may be either preliminary or final.
Types of Decree
The Civil Procedure Code provided the following kinds of decree;
1. Preliminary Decree
The preliminary decree is a decree which states that the rights of parties in a dispute are determined in an adjudication but this does not dispose of the suit. Hence, we can say the preliminary decree is a prior stage only.
The preliminary decree is passed by the civil courts when the courts have to adjudicate on the rights of the parties in the dispute and then it holds the matter unless the final decree is not passed.
In the case of Mool Chand vs Director, and Consolidation, it was held that the preliminary decree is a stage to work out the rights of parties unless the dispute is finally decided by the court and adjudicated by the final decree for that suit.
Also, Supreme Court India in the case of Shankar vs Chandrakant, it was held that the preliminary decree is a decree in which the rights and duties of both parties were declared.
Illustration: Mr X files a partition suit against Mr B, meanwhile in the proceedings the court passed the preliminary decree on the share of A and B. After, hearing both the parties, the court passes the final decree adjudicating on the above-said partition.
A preliminary decree can be passed by the competent court in the following suits as provided under Civil Procedure Code, 1908;
Order 20 Rule 12 – Decree for possession of property and mense profit
When there is a suit related to possession of immovable property or rent comes from the property or mense profit then in such cases preliminary decree can be passed.
Order 20 Rule 13 – Decree in the administration suits.
When a suit is like the administration suit, then the court is empowered to pass a preliminary decree.
Order 20 Rule 14 – Decree in the Pre-emption suit.
When there is a suit for claiming the pre-emption regarding the sale or purchase of the particular property then the court can pass the preliminary decree.
Order 20 Rule 15 – Decree in the suit for dissolution of a partnership or partnership firm.
When there is a suit for dissolution of the partnership or partnership firm, then the court can pass the preliminary decree.
Order 20 Rule 16 – Decree in suits for the accounts between the principal and agent.
In a suit related to the pecuniary transaction in between the principal and agent or in any other matter, if required, the court can pass a preliminary decree.
Order 20 Rule 18 – Decree in a suit for the partition of property and separate possession.
When the suit is related o the partition or for separate possession of share then the court may pass a preliminary decree.
Order 34 Rule 2 – Decree in the suits related to the foreclosure of a mortgage.
When there is a suit relating to the foreclosure of the mortgaged property then the court has the power to pass a preliminary decree.
Order 34 Rule 4 – Decree in the suits related to the sale.
In suits relating to the sale of the mortgaged property, then the court is empowered under this rule to pass the preliminary decree.
Order 34 Rule 7 – Decree in suits for the redemption of a mortgage.
When a suit is filed before the court regarding the matter of redemption of the mortgaged property, then the court has the power under this rule to pass a preliminary decree.
2. Final Decree
The final decree is a decree when it is passed it disposes of the suit completely. In a final decree, all the issues between the parties were resolved by the court of law.
So, adjudication is a final decree when such adjudication completely disposes of the suit. Generally, a suit contains only one preliminary decree and one final decree.
Consideration of the final decree is based upon the following fact;
- No appeal is made against the final decree within the prescribed time period.
- The matter in the decree was decided by the High Court.
- When it completely disposes of the suit.
In the case of Gulusam Bivi vs Ahamadasa Rowther, the Madras High Court stated that nowhere is contemplated more than one preliminary decree and one final decree in the civil procedure code, 1908.
3. Partly Preliminary and Partly Final Decree
A decree can be held as the partly preliminary and partly final decree, when when it determines the rights of the parties in the suit but rest upon the further final decision. In simple language, what portion of the decree is executable is a final decree and what portion of the decree is not executable is a preliminary decree.
So, a decree which contains more than one question and any of them is preliminary and others finally decided, then such decree is known as a partly preliminary and partly final decree.
Illustration: Mr X filed a suit for the recovery of possession of the immovable property from Mr B. The court passed a partly preliminary and partly final decree. So far as the final decree is treated if the court granted possession of the suit property to Mr A; and it was preliminary as even though mesne profits were granted.
In this case, only the granting of possession of the property to Mr A will be executable; however, the preliminary decree will be executable only after the amount due is determined.
4. Deemed Decree
The definition of the decree has been provided under section 2(2) of the Civil Procedure Code. So, the definition of the deemed decree is an adjudication which does normally not fall under the definition of decree due to legal fiction provided under section 2(2) of the code and they are deemed to be the decree, hence, such decrees are considered as a deemed decree.
5. Consent Decree
The consent decree is a decree which is brought about by the agreement between the parties that put disputes to the rest without any admission of liability.
It is the result of such adjudication that the consent of both parties is the reason to proceed with the decree.
6. Ex-Parte Decree
The ex-parte decree is the decree which is passed in the absence of the defendant in their court. Hence, is only one party is to be heard by the court of law and the decree that has been passed is considered as Ex-Parte Decree.
7. Decree Passed in Appeal
It is one of the kinds of decree, in which the decree is passed in the continuation of litigation between both the parties to the suit.
8. Decree on Compromise Petition
It is a decree in which the decree has been passed as a result of the compromise petition that has been filed by both parties to the suit.
9. Conditional Decree
It is a decree in which the decree has been passed with certain conditions, and these conditions are part of the decree, so this decree is considered a Conditional Decree. These are the condition to be fulfilled by both parties.
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