“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.

Preliminary Decree
A Preliminary Decree is one in which further
proceeding have to be taken before the suit can be
completely disposed of.

Final Decree
Final Decree is final when such adjudication completely
disposes of the suit.

Decree and Order distinguished

Both a decree and an order are adjudications by
the Civil Court; and both relate to matter in
controversy. But the following are the points of
distinction between the two-
(a) A decree is an adjudication which conclusively
determines the rights of the parties with regard
to any or all matters in controversy, an order on
the rights of parties.
(b) A decree can only originate from suit, i.e., a
proceeding commenced by a plaint. An order
 may originate from a suit as well as from any
other proceeding commenced by an application.
(c) Except in certain suits where two decrees (one
preliminary and other final) are passed, in every
suit there is one decree, while many orders may
be passed in a suit.
(d) While appeal ability is a rule and non-appeal
ability is the exception in the case of a decree, in
the case of an order non-appeal ability is the
rule, and appeal ability is the exception.
(e) While in the case of a decree a person aggrieved
has the right of second, in an appealable order,
he has not that right.
(f) in actual practice only a decree is drawn up in a
formal document separate from the judgment;
but not so in the case of an order.
Jurisdiction in General

Jurisdiction in a wide sense means the extent of

the power of the Court to entertain suits, appeals and
applications. The jurisdiction of a Court may be original
or appellate. In the exercise of its original jurisdiction, a
Court entertains original suits. In the exercise of its
appellate jurisdiction, it hears appeals from decree
passed by subordinate Courts.

Classification of Jurisdiction
In generally classification, there are (4) kinds of
jurisdiction.
1. Territorial Jurisdiction
2. Personal Jurisdiction
3. Subject Matter Jurisdiction
4. Pecuniary Jurisdiction

Jurisdiction
(1) Territorial Jurisdiction
The Court shall not try a suit for immovable
property situated beyond certain Local Limits
prescribed as the Limits of its jurisdiction is an example
of territorial jurisdiction.
(2) Personal Jurisdiction
The Court shall not try a suit for prescribed personal.
e.g., Head of states and Diplomats are not to be sued in
Civil Courts.
(3) Subject Matter of Jurisdiction
This jurisdiction depends on the nature of the
suit. E.g. Dissolution of Christian marriage.
(4) Pecuniary Jurisdiction of Civil Courts at Present
The supreme Court of the Union has vested
increased judicial powers to the Courts of the self-
administered Division, Courts of the self-administered
Zones, District Courts and Township Courts in disposal
of the Civil regular cases under Section 64 of the Union
Judiciary Law, 2010 regarding administration of justice.
According to the notification No.128/2016 of the
Supreme Court of the Union, the township judges and
additional township judges can dispose of cases with
suit values not more than Ks 10,000,000. The Deputy
Judge can dispose of cases with values not more than
Ks 3,000,000.
By the notification No.128/2016 of the Supreme
Court of the Union, the self-administered division
judges, the self-administered zone judges and District
judges can dispose of cases with suit value not more
than Ks 1,000,000,000 and Deputy District judges can
dispose of cases not more than Ks 500,000,000.
 Order(I)
Parties to Suits

There are two kinds of parties to suits such as

necessary and proper parties.
Rule 1 Joinder of plaintiffs (or) who may be joined as
plaintiffs
All persons may be joined in the suit as plaintiffs
(a) where the right to relief alleged to exist in each
plaintiff arises out of the same act or transaction,
and
(b) where if such person brought separate suits, any
common questions of law or fact would arise.
Rule 3 Joinder of Defendants (or) who may be joined
as defendants
All persons may be joined in one suit as
defendants
(a) where any right to relief alleged to exist against
them arises out of the same act or transaction; and
(b) where, if separate suits were brought against
such persons, any common question of law or fact
would arise.
Rule 4 Court may give judgment for or against one or
more of joint parties
Judgment may be given without any amendment
(a) for such one or more of the plaintiffs as may be
found to be entitled relief, for such relief as he or
they may be entitled to;
(b) against such one or more of the defendants as
may be found to be liable according to their
respective Liabilities.
Rule 8 One person may sue or defend on behalf of all
in same interest
(1) Where there are numerous persons having the
same interest in one or more of such persons
may, with the permission of the Court, sue or be
sued, or may defend, in such suit, on behalf of or
for the benefit of all persons so interested. But
the court shall in such case give, at the plaintiff's
expense, notice of the institution of the suit to all
such persons either by personal service, or,
where from the number of person or any other
cause such service is not reasonably practicable,
by public advertisement, as the Court in each
case may direct.
(2) Any person on whose behalf or for whose benefit
a suit is instituted or defended under sub-rule (1)
may apply to the court to be made a party to
such suit.
Phu Kyaw Kyaw Wai Vs Ah Sein and another
Case 1958, BLR, 353 (H.C), the judge held that "In a suit
filed under Order I Rule 8 of the Civil Procedure Code
on behalf of an association, notice must be served on
all members of the association, whether personally, or
if, that method is not reasonably, practicable, by public
advertisement".
 Order IV
Institution of Suits

This order is read with section 26 of Civil

Procedure Code.
Essentials of a suit
The essentials of a suit are four in number They
are as follows;
(1) The opposing parties
In every suit there must be at least one plaintiff
and one defendant. There may be more than one
plaintiff and more than one defendant where an act or
transaction proceeds from two or more persons or, it
affects two or more persons.
(2) The causes of action
Every suit must contain the cause of action. The
term cause of action refers to the cause or the set of
circumstances which leads up to a suit. It consists of
every fact which is necessary to be proved to entitle the
plaintiff to a decree.
(3) The subject matter
It is the right or property claimed in the suit. The court
adjudicates upon the rights of the parties with regard
to the subject matter in dispute.
(4) The relief claimed
The relief claimed should be stated specifically in
the plaint. It may be stated in the alternative also. The
relief claimed must be one which the court is able to
grant When a person is entitled to more than one relief
in respect of the same cause of action, he must sue for
all the reliefs. He however, may sue for one or more of
them and reserve his right with the leave of the court
to sue for the rest. If no such leave is obtained he will
be precluded from afterwards suing for any relief so
omitted.
 Order (VIII)
Set-off

Rule 6 Definition Set-off

Set-off is a reciprocal acquittal of debts. In an
action to recover money, a set-off is a cross claim for
money by the defendant, for which he might maintain
an action against the plaintiff.
Where in a
(a) Suit for the recovery of money, the defendant
claims to set-off against the plaintiff's demand.
(b) Any ascertained sum or money
(i) Legally recoverable,
(ii) by the defendant
(iii) from the plaintiff
(iv) not exceeding the pecuniary limits of the
jurisdiction of the court and
(v) both parties fill the same character, as
they fill in the plaintiff's suit The defendant
may, at the first hearing of the suit but not
afterwards unless permitted by the court,
present a written statement containing
the particular of the debt sought to be set-
off.
Essential conditions of legal set-off
The set-off mentioned above is a legal set off It
will be apparent from the following conditions must be
fulfilled,
(1) The suit must be for recovery of money.
(2) The amount claimed to be set-off must be an
ascertained sum of money.
(3) It must be legally recoverable from the plaintiff,
i.e., it is not barred by law of limitation.
(4) It must not exceed the pecuniary limits of the
jurisdiction of the court.
(5) It must be recoverable by the defendant or by all
the defendants, if there are more than one:
(6) It must be recoverable by the defendant from
the plaintiff or all plaintiffs, if there is more than
one
(7) Both parties must fill the same character as they
fill in the plaintiff's suit.
 Order X
Examination of Parties by the Court

Rule 1 Ascertainment whether allegations in pleading

are admitted or denied
At the first hearing of the suit,the court shall
ascertain from each party or his pleader whether he
admits or denies such allegation of fact as are made in
the plaint or written statement (if any) of the opposite
party, and as are not expressly or by necessary
implication admitted or denied by the party against
whom they are made.
Rule 2 Oral examination of party, or companion of
party
At the first hearing of the suit, or at any
subsequent hearing, any party appearing in person or
present in court, or any person able to answer any
material questions relating to the suit by whom such
party or his pleader is accompanied, may be examined
orally by the court, the court may if it thinks fit, put in
the course of such examination questions suggested by
either party.
Rule 3 Substance of examination to be written
The substance of the examination shall be
reduced to writing by the Judge, and shall form part of
the record.
Rule 4 Consequence of refusal or inability of pleader
to answer
(1) Where the pleader of any party who appears by
a pleader, or any such person accompanying a
pleader as is referred to in rule 2, refuses or is
unable to answer any material question relating
to the suit which the Court is of opinion that the
party whom he represents ought to answer, and
is likely to be able to answer if interrogated in
person, the Court may postpone the hearing of
the suit to a future day and direct that such party
shall appear in person on such day.
(2) If such party fails without lawful excuse to
appear in person on the day so appointed, the
court may pronounce judgment against him or
make such order in relation to the suit as it thinks
fit.
 Order XIV
ISSUES

An issue is a proposition
(1) which is necessary for the determination of the
suit, and
(2) on which the parties are at variance.
Thus, issues are to be framed in respect of those
facts only which are alleged by one party and denied by
the other. It is not necessary, however, to frame issues
on all the disputed points, they should be framed on
but those disputed points only on which the right
decision of the case appears to depend. Issues arise
when a material proposition of fact or law is affirmed,
by one party and denied by the other. Each material
proposition affirmed by one party and denied by the
other shall form the subject of a distinct issue;
Rule 1 Framing of Issues
(1) Issues arise when a material proposition of fact
or law is affirmed by the one party and denied by
the other.
(2) Material propositions are those propositions of
law or fact which a plaintiff must allege in order
to show a right to sue or a defendant must allege
in order to constitute his defence.
(3) Each material proposition affirmed by one party
and denied by the other 6443 shall form the
subject of a distinct issue.
(4) Issues are of two kinds:
(a) Issues of fact
(b) Issues of law
(5) At the first hearing of the suit the Court shall,
after reading the plaint and written statements,
proceed to frame and record the issues on which
the decision of the case appear to depend.
(6) Nothing in this rule requires the Court to frame
and record issues where the defendant at the
first hearing of the suit makes no defence.