Decree
From Justice Definitions Project
What is a decree?
A decree means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
Official definition
Under Section 2(2) of the Code of Civil Procedure, 1908,In order that a decision of a court may be a "decree", the following elements must be present:
- Such adjudication must have been done in a suit. An adjudication means that there should be a judicial determination of the matter in dispute. A decision on an administrative matter or dismissing a suit for default of the appearance of parties will not be called a decree since it does not judicially deal with the matter in dispute. [1]
- It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit. The word rights in this context means the substantive rights of the parties to the suit and not merely procedural rights. [2]
- Such determination must be of a conclusive nature. In other words, the determination must be final and conclusive as regards the court which passes it. An interlocutory order which does not decide the rights of the parties finally is not a decree. [3]
- There must be a formal expression of such adjudication. A decree should follow the judgment and must be drawn up separately.[4]
- ↑ CK Takwani, Civil Procedure, 8th edition, Lucknow: Eastern Book Company. p. 16
- ↑ CK Takwani, Civil Procedure, 8th edition, Lucknow: Eastern Book Company. p. 17
- ↑ CK Takwani, Civil Procedure, 8th edition, Lucknow: Eastern Book Company. p. 18
- ↑ CK Takwani, Civil Procedure, 8th edition, Lucknow: Eastern Book Company. P. 21
