Decree, Judgement and Order
Decree
The term decree is defined in Section 2(2) of Code of Civil Procedure,
1908.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 always follows judgement and is based upon a judgement.
It is a formal declaration or adjudication and is conclusive in nature
The decree contains the outcome of the suit and conclusively determines the
rights of the parties with regard to the issues in dispute in the suit. After
passing the decree, the suit stands disposed of since the rights of the parties
are finally determined by the court.
Essential elements of a Decree
o Formal expression-
-There must be aformal expression of adjudication.(in writing)
- In simple terms to be a decree, the court must formally express its
decision in the manner provided by law.
- A mere comment of the judge cannot be a decree.
-The decree follows the judgement and must be drawn up separately. If a
decree has not been drawn up, then there is absolutely no scope of an
appeal from the judgment i.e. No appeal lies against the judgement, if the
decree is not formally drawn upon the judgement.
o Adjudication:
It means judicial determination of the matter in dispute. Hence, if the
decision is of administrative in nature, then it cannot be considered as a
decree. The adjudication must be about any or all of the matters in
controversy in the suit. The court should resolve the matter of
controversy through its own, by applying the facts and circumstances of
the case therein.
o Suit: The Adjudication must have been given in a suit, which is
commenced by filing a plaint in a civil court. Without a civil suit there
lies no decree.
o Rights of the parties: ‘Right’ means substantive rights and not merely
procedural rights. Similarly, the parties to the rights in controversy should
, be the plaintiffs and defendants and, if an order is passed upon the
application made by a third party who is a stranger to suit then it is not a
decree. It must have determined the rights of the parties with regard to all
or any of the matters in controversy in the suit. Example-Dismissing a
suit for default in appearance of the plaintiff is not a decree. However,
dismissing a suit on merits of the case would be a decree.
o Conclusive Determination: The decision must be one which is complete
and final as regards the court which passed it. This means that the court
will not entertain any argument to change the decision i.e. as far as the
court is concerned, the matter in issue stands resolved.
-The Calcutta High Court in Narayan Chandra v. Pratirodh Sahini, held
that the determination should be final and conclusive regarding the court
which passes it.
o Controversy in suit:
-matter has been brought up for adjudication by Court through pleadings.
Matter in controversy refers to subject matter of litigation.It pertains to
merits of the case,issues/points in a case that are under dispute.It includes
procedural matters,evidence, admissibility or other ancillary issues that
contribute to overall dispute.
Deemed decree
A decree shall be deemed to include the rejection of a plaint and any
question within Section 144 of Code of Civil Procedure(doctrine of
restitution)Section 144 of the CPC deals with the doctrine of restitution.
Restitution refers to the duty imposed on a party to a suit who received a
benefit from a decision of the court to return such a benefit to the other
party when the decision is reversed. Section 2(2) of the CPC provides
that the determination of any question under Section 144 of the CPC is
also a decree), but shall not include:
*Any such sentence(adjudication) from which it appears that an appeal
lies as an appeal from an order, or
*Any such order of discharge(dismissal) of default.
Types of decrees
Final decree-Section 2(2) states that a decree may be final. A final decree is
one which wholly disposes of a suit and finally settles all disputed matters in
the suit. It is issued when all the hearings of a suit are complete.
The following are characteristics of a final decree:
Decree
The term decree is defined in Section 2(2) of Code of Civil Procedure,
1908.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 always follows judgement and is based upon a judgement.
It is a formal declaration or adjudication and is conclusive in nature
The decree contains the outcome of the suit and conclusively determines the
rights of the parties with regard to the issues in dispute in the suit. After
passing the decree, the suit stands disposed of since the rights of the parties
are finally determined by the court.
Essential elements of a Decree
o Formal expression-
-There must be aformal expression of adjudication.(in writing)
- In simple terms to be a decree, the court must formally express its
decision in the manner provided by law.
- A mere comment of the judge cannot be a decree.
-The decree follows the judgement and must be drawn up separately. If a
decree has not been drawn up, then there is absolutely no scope of an
appeal from the judgment i.e. No appeal lies against the judgement, if the
decree is not formally drawn upon the judgement.
o Adjudication:
It means judicial determination of the matter in dispute. Hence, if the
decision is of administrative in nature, then it cannot be considered as a
decree. The adjudication must be about any or all of the matters in
controversy in the suit. The court should resolve the matter of
controversy through its own, by applying the facts and circumstances of
the case therein.
o Suit: The Adjudication must have been given in a suit, which is
commenced by filing a plaint in a civil court. Without a civil suit there
lies no decree.
o Rights of the parties: ‘Right’ means substantive rights and not merely
procedural rights. Similarly, the parties to the rights in controversy should
, be the plaintiffs and defendants and, if an order is passed upon the
application made by a third party who is a stranger to suit then it is not a
decree. It must have determined the rights of the parties with regard to all
or any of the matters in controversy in the suit. Example-Dismissing a
suit for default in appearance of the plaintiff is not a decree. However,
dismissing a suit on merits of the case would be a decree.
o Conclusive Determination: The decision must be one which is complete
and final as regards the court which passed it. This means that the court
will not entertain any argument to change the decision i.e. as far as the
court is concerned, the matter in issue stands resolved.
-The Calcutta High Court in Narayan Chandra v. Pratirodh Sahini, held
that the determination should be final and conclusive regarding the court
which passes it.
o Controversy in suit:
-matter has been brought up for adjudication by Court through pleadings.
Matter in controversy refers to subject matter of litigation.It pertains to
merits of the case,issues/points in a case that are under dispute.It includes
procedural matters,evidence, admissibility or other ancillary issues that
contribute to overall dispute.
Deemed decree
A decree shall be deemed to include the rejection of a plaint and any
question within Section 144 of Code of Civil Procedure(doctrine of
restitution)Section 144 of the CPC deals with the doctrine of restitution.
Restitution refers to the duty imposed on a party to a suit who received a
benefit from a decision of the court to return such a benefit to the other
party when the decision is reversed. Section 2(2) of the CPC provides
that the determination of any question under Section 144 of the CPC is
also a decree), but shall not include:
*Any such sentence(adjudication) from which it appears that an appeal
lies as an appeal from an order, or
*Any such order of discharge(dismissal) of default.
Types of decrees
Final decree-Section 2(2) states that a decree may be final. A final decree is
one which wholly disposes of a suit and finally settles all disputed matters in
the suit. It is issued when all the hearings of a suit are complete.
The following are characteristics of a final decree:
