Dr.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY LUCKNOW

SYNOPSIS: CIVIL PROCEDURE CODE

TOPIC

“DECREE: FUNDAMENTAL PROVISION OF CPC”

Submitted to Submitted by

MR. VIPUL VINOD HARIANK GUPTA

Asstt. Professor (Law) Enrollment id-180101053
Dr. Ram Manohar Lohiya B.A. LLB (HONS)
National Law University SECTION-“A”
 RESEARCH METHODOLOGY

1.1. AIMS AND OBJECTIVES

The aim and object of the study are the following. To know about the importance of decree
and its concept. To outline the principles and key indigents of decrees and orders.

In a civil suit several facts might be alleged and the court may be required to rule on several
claims. In simple terms, a decree is the ruling of the court regarding the claims of the parties
of the suit. For example, in a suit between A and B, A may claim that a particular property P
belongs A. After hearing all the arguments, the court will rule in the favour of either A or B.
The final decision of the court regarding this claim i.e. whether the property belongs to A or
B is a decree. As per Section 2(2), a decree is 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. It can be final or
preliminary.

1.2. SCOPE AND LIMITATIONS

It matters not that the judgment is headed an order, for, if it in fact fulfils the conditions of the
definition under s 2(2), it is a decree and an appeal lies. In the definition, some orders which
otherwise do not constitute decree are also included and certain orders which constitute
decree have been excluded from it. Merely because there exists some order captioned as a
decree drawn up even in the form of decree, it would not make such an order decree unless
the court satisfied the requirement of s 2(2) of the Code of Civil Procedure. A decree or order
becomes enforceable from its date, but in appropriate cases, the court passing the decree may
prescribe the time wherefrom the decree becomes enforceable on a future date. In a case
where the language of the decree is capable of two interpretations, one of which assists the
decree-holder to obtain the fruits of the decree and the other prevents him from taking the
benefits of the decree, the interpretation which assists the decree- holder should be accepted.
The policy of law is to give a fair and liberal, and not a technical construction, enabling the
decree-holder to reap the fruits of his decree.
1.3. RESEARCH QUESTIONS / TENTATIVE CHAPTERS

• Elements of decree
• Contents of Decree
• List of Decision which are decree
• List of decision which are not decree
• Kinds of Decree
• Distinction between Preliminary and Final Decree
• Conclusion

1.4. SOURCES OF DATA

The researcher has mainly referred to Articles, Case Laws and Books on the specified topic.

1.5. METHOD OF RESEACH

The researcher has followed a method of doctrinal research.

1.6. MODE OF CITATION

The researcher has followed 4TH OSCOLA citation method throughout this research paper.
 ABOUT THE TOPIC

Decree is preliminary when further proceedings have to be taken before the suit can be
completely disposed of. It is final when such adjudication completely disposes of the suit, it
may be partly preliminary and partly final. Decree is the conclusion reached by the judge
after hearing both parties on merits and expressing the same in writing. Decree is the subset
in the set of judgment. The decree forms the last part of the judgment and is extracted from
the entire judgment by the decree clerk who contains the basic details and the result of the
case. The date of the decree is the date of judgment for the purpose of execution though
anytime later even a successor judge can sign it though it should be given within 15 days.
Even a set-off/ counter claim is in the same decree. Judgments by way of an amendment in
1976 must contain the exact decree and words like decree what is prayed for cannot be used.”

Thus, every judgment contains the decree, amongst other things, the decree is usually the
last portion of the judgment, and the decree independently is without reasoning. There is no
need of a statement in a decree though it is necessary in a judgment. A judgment is a stage
prior to the passing of a decree or an order, and after the pronouncement of the judgment,
way for the decree has to be left wide open.

“Decree has to be in line with the judgment and it should present the correct interpretation of
the judgment. But in case, scenario arises where there appears to be a conflict between the
judgment and the decree, then the decree must be reasonably construed and if on such
construction both of them able to remain together, then adhere to that decree. But if it gets
difficult for the decree to stay together with the judgment, then it must be amended under
section 151 of the C.P.C. and if there is any clerical mistakes in the decree, then section 152
of the C.P.C. will take out the decree safe from the clutch of being declared nullity.”