THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI.

Academic Year 2023 -2024

Department: LAW

Name of Assignment: DECREE.

Full Name: DHRUV DAYANAND MISHRA.

Roll No.: 1. Section: T.Y. LL. B (B).

Subject: CODE OF CIVIL PROCEDURE.

Date of Submission: ___________

PROFESOR IN CHARGE: PROFESSOR SHUBHASH PATHAK.

Student Sign: Professor Sign:

 ACKNOWLEDGEMENT.

I have taken efforts in this project. However, it would have not been possible
without the kind support and help of many individuals and organization. I would
like to extend my sincere thanks to all of them.
I am highly indebted to Dr. A.K. SINGH, the principal for their guidance and
constant supervision and our professor Mr. SHUBHASH PATHAK, for
providing necessary information regarding the project and their support in
completing the project.
I would like to thank and appreciate my family and friends for their kind co-
operation and encouragement in developing the project which help me in the
completion of this project and people who have willingly helped me out in their
abilities.

DHRUV MISHRA.
 CERTIFICATE

This is to verify that Mr. DHRUV MISHRA student of THAKUR RAMNARAYAN

COLLEGE OF LAW studying for LLB Third year, has successfully completed his project
as required for the fifth semester of three year LLB for the Academic session 2023-2024.

Signature of professor Signature of principal

 Decree.
Introduction.
We are all very familiar with the term "judgment," “decree,” and “order.” In all cases,
whether civil or criminal, adjudicated by the court, a judgment is pronounced by the judge at
the end of the case. In civil cases, however, in addition to the judgment, the court prepares a
concise written order that precisely states the overall effects of the judgment on the parties to
the suit and, more specifically, what the winning party achieves.
A decree is one of the most frequently heard terms in Civil Matters. The adjudication of a
court of law is divided into decree and orders. In this article, are going to discuss the decree.
The term “decree” has been defined under section 2(2) of the Code of Civil Procedure,1908.
The decree is a formal expression of adjudication by which the court determines the rights of
parties regarding the matter in controversy or dispute.

What is Decree?
A decree is a document prepared by the court at the end of a civil suit after judgment has
been passed. It is signed by the judge and bears the seal of the court. A decree is likely to be
prepared within 15 days of the judgment being issued. In general, the proceedings of a civil
suit conclude when the court renders judgment in a specific matter.
The requirement for a court decision to become a decree is that there must have been
adjudication in a civil suit, and such adjudication must have determined the rights of parties
with regard to all or any of the matters in controversy in the suit, and such a determination
must be of a conclusive nature.
Section 2 (2) of the Civil Procedure Code defines Decree as a formal expression of an
adjudication expressed by the Court of Law which conclusively determines the rights of the
parties concerned in a particular suit. It may be relating to all or any of the matter in
controversy in the suit.

Decree can be pronounced only in case of a suit, i.e., a civil proceeding instituted by the
presentation of a plaint.

A decree shall include the rejection of a plaint or in determining any question under Section
144, but excludes the following:

1. any adjudication from which an appeal lies, such as, an appeal from order.
2. any order of dismissal for default.
The Explanation to this section provides that a decree can either be preliminary or final or
partly preliminary and partly final. Preliminary decrees are those where the suit is not
completely disposed of and further proceedings may take place. And the final decree is when
the Court completely dispose of the suit.
Essentials elements of a Decree.

The decree is a decision of the court. For any decision of the court to be a decree, the

following essential elements are required:

1. There must be an adjudication.

2. The adjudication should be done in a suit.
3. It must determine the rights of parties regarding the matter in dispute.
4. The determination of the right should be of conclusive nature.
5. There must be a formal expression of such adjudication.

Adjudication.
For a decision of the court to a decree, there must be an adjudication. The matter in dispute
should be judicially determined. As held in the case of Madan Naik v. Hansubala Devi, if
the matter is not judicially determined then, it is not a decree.

So, if the decision is of administrative nature then it can not be considered as a decree. Also,
any order for dismissal of suit due to default in the appearance of parties or order for
dismissal of an appeal cannot be considered as a decree.

As held in the Deep Chand v. Land Acquisition Officer, the adjudication should be made by
the officer of the Court and if it is not passed by an officer of the court then it is not a decree.

Suit.
For any decision to be considered as a decree, the adjudication must have been done in suit.
The term “suit” for this context can be understood as “any civil procedure which has been
instituted by the presentation of a plaint”. The decree can only be in a civil suit. If there is
no civil suit, there can be no decree.

There are several specific provisions which enable certain applications to be treated as suits
such as proceedings under the Hindu Marriage Act, the Indian Succession Act etc. and the
decisions therein are to be considered as a decree.
Rights in controversy.
The rights of parties which are in controversy must be determined by a formal adjudication.
The rights determined under this circumstance are substantial rights and not procedural
rights. 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.

The matter in controversy should be the subject matter of the suit regarding which the relief is
sought. Any question regarding the status and characters of party suing, the jurisdiction of the
court, maintainability of suit or any other preliminary matter is covered under this.

Conclusive determination.
The determination of rights in controversy in an adjudication should be conclusive in nature.
As held in the case of Narayan Chandra v. Pratirodh Sahini, the determination should be
final and conclusive regarding the court which passes it. That’s why an interlocutory
order which does not finally determine the rights of parties is not considered as a decree.

The main point to be kept in mind is that whether the decision made is final and conclusive in
essence as well as substance. If it is so, then the decision will be considered as a decree, else
not.

Formal Expression.
The adjudication should be expressed formally and such formal expression should be given in
the manner prescribed by law. The decree should be drawn separately and it should follow the
judgement. No appeal lies the judgement if the decree is not formally drawn upon the
judgement.
After a detailed study of section 2(2) of the Code of Civil Procedure which defines a decree
and then analysing the procedures laid down in civil proceedings and applying the test for a
decision to be a decree as laid down in the case of Venkata Reddy v. Pethi Reddy, there are
certain instances when decisions of the Court are considered as decree and there are instances
when the decisions are not considered as decree as stated below in the following illustrations:
A preliminary decree is passed by the courts mainly when the court has to adjudicate upon
the rights of the parties and then, it has put the matter on hold unless the final decree of that
suit is passed

As held in the case of Mool Chand v. Director, Consolidation, a preliminary decree is only a
stage to work out the rights of parties until the matter is finally decided by the Court and
adjudicated by a final decree.
Decisions considered as a decree.
The decisions held to be decree are as follows:

 Order of abetment of suit

 Dismissal of appeal as time-barred;
 Dismissal of suit or appeal due to the requirement of evidence or proof;
 Rejection of plant due to non-payment of court fees;
 Order granting costs and instalments;
 An order refusing costs or instalments;
 An order refusing maintainability of appeal;
 Order denying the survival of right to sue;
 Order stating that there is no cause of action;
 An order refusing to grant one or several reliefs;

Decisions not considered as a decree.

The decisions which are not considered as a decree are as follows:

 Dismissal of appeal for default;

 Appointment of Commissioner in order to take accounts;
 Order for remand;
 Order granting interim relief;
 An order refusing the grant of interim relief;
 Rejection of plaint in order to present it to the proper court;
 Application rejected for condonation of delay;
 Order holding an application to be maintainable;
 Order of refusal to set aside the sale;
 The order issuing directions for the assessment of mesne profit.

The Explanation to this section provides that a decree can either be preliminary or final or
partly preliminary and partly final. Preliminary decrees are those where the suit is not
completely disposed of and further proceedings may take place. And the final decree is when
the Court completely dispose of the suit.
Types of Decree.
The Code of Civil Procedure recognises the following three types of decrees.

1. Preliminary Decree
2. Final decree
3. A partly preliminary and partly final decree

Preliminary Decree
A decree is stated as a preliminary decree when the rights of parties regarding all or any of
the matter in dispute are determined in the adjudication but it does not dispose of the suit
completely. The preliminary decree is only a prior stage

A preliminary decree is passed by the courts mainly when the court has to adjudicate upon
the rights of the parties and then, it has put the matter on hold unless the final decree of that
suit is passed

As held in the case of Mool Chand v. Director, Consolidation, a preliminary decree is only a
stage to work out the rights of parties until the matter is finally decided by the Court and
adjudicated by a final decree.

The Supreme Court in the case of Shankar v. Chandrakant held that the preliminary decree
is a decree in which the rights and liabilities of parties are declared but the actual result is left
to be decided in further proceedings.

A preliminary decree can be passed by the court in the following suits as provided by
the Code of Civil Procedure, 1908

Order 20 Rule 12: Suit for possession and Mesne profit

When there is a suit related to possession of immovable property or for rent or mesne profit
then in such cases preliminary decree can be passed.

Order 20 Rule 13: Administration Suits

When a suit is of the nature of administration suit, then a court is empowered to pass a
preliminary decree.
Order 20 Rule 14: Suits of pre-emption

When there is a suit for claiming pre-emption regarding sale or purchase of a particular
property then the court can pass a preliminary decree.

Order 20 Rule 15: Suit filed for dissolution of a partnership

When there is a suit for dissolution of the partnership or for the partnership account to be
taken, then the court may pass a preliminary decree.

Order 20 Rule 16: Suits related to accounts between the principal and agent

In a suit related to the pecuniary transaction between the principal and agent or any other
matter, if required, the court may pass a preliminary decree.

Order 20 Rule 18: Suit for partition and separate possession

When the suit is related to partition or for separate possession of share then the court may
pass a preliminary decree.

Order 34 Rule 2: Suits related to the foreclosure of a mortgage

When there is a suit related to the foreclosure of mortgage then under Rule 2 of Order 34, a
court is empowered to pass a preliminary decree.

Order 34 Rule 4: Suits related to the sale of the mortgaged property

In suits related to the sale of the mortgaged property, the court is empowered under Rule 4 of
order 34 to pass a preliminary decree.

Order 34 Rule 7: Suits for the redemption of a mortgage

When a suit is filed before the court regarding the matter of redemption of the mortgaged
property, the court is empowered under Rule 7 of Order 34 to pass a preliminary decree.

Can there be more than one preliminary decree?

There is a conflict of opinion regarding this question that whether there can be more than one
preliminary decree in the same suit or not. Some High Courts are of the view that there can
be more than one preliminary decree while some of the High Courts are against this view.
Final Decree
The final decree is a decree which disposes of a suit completely and settles all the matter in
dispute between the parties. The final decree does not leave any matter to be decided further.

It is considered as a final decree in the following ways.

1. When no appeal is filed against the decree within a prescribed time period.
2. Matter in the decree has been decided by the highest court.
3. When the decree passed by the court disposes of the suit completely.

Can there be more than one final decree?

Ordinarily, in one suit there is one preliminary and one final decree. In the case of Gulusam
Bivi v. Ahamadasa Rowther, the Madras High Court in the light of Order 20 Rule 12 and
18 stated that the code nowhere contemplates more than one preliminary or final decree.

In the case of Shankar v. Chandrakant, the Supreme Court finally settled the conflict of
opinion and stated that more than one final decree can be passed.

Partly preliminary and partly final decree

A decree passed under the Code of Civil Procedure may be partly preliminary and partly
final. This happens some part of the decree is preliminary decree while the rest is a final
decree.

If there is a suit of possession of an immovable property along with the issue of mesne profit,
and the court is obliged.

1. Passes a decree deciding the possession of the property.

2. Directs for an enquiry of mesne profit.
The first part deciding the possession of the property is final while the part regarding
the mesne profit is preliminary.
Conclusion.
The Code of Civil Procedure lays down provisions to pronounce and issue the decision of the
Court and decree is one of them. A decree in the decision of a court which determines the
rights in dispute between the parties to suit. A decree can be preliminary, final or partly
preliminary and partly final. There is also a concept of the deemed decree. A decree is
different from order and judgement in many ways.

For the execution of decree Order XXI of the Code lays down the provisions and procedure.
A decree is appealable and even second appeal lies to High Court after the first appeal of a
decree. A decree is passed only in civil suits and not in criminal matters.

The Code of Civil Procedure lays down provisions to pronounce and issue the choice of the
Court and decree is one among them. A decree within the decision of a court which
determines the rights at issue between the parties to suit. A decree are often preliminary, final
or partly preliminary and partly final. There is also an idea of the deemed decree. A decree is
different from order and judgment in some ways.
For the execution of decree Order XXI of the Code lays down the provisions and procedure.
A decree is appealable and even second appeal lies to Supreme Court after the primary appeal
of a decree. A decree is passed only in civil suits and not in criminal matters.
In the conclusion I can say that decision given by the judge is called judgment which contains
the grounds of the decree and order. Decree and order are analogous to each other. They are
defined under section 2(2, 9, and 14). The importance of decree lies in fact that they are
appealable and conclusively determine the rights of the parties. There is difference between
order, decree and Judgment.

Mesne Profit.
Mesne profits are profits to which a person is entitled but from, which he has been kept out
by the defendant. The profit lost to the owner of the land by reason of his having been
wrongfully dispossessed of his land. A claim for mesne profit is usually joined with the
action for recovery of the possession of the land.
Reference.
1. Takawani, C.K. Civil Procedure, 8th Edition, (Reprint) 2018, Eastern
Book Company.
2. The Code of Civil Procedure, 1908.
3. https://blog.ipleaders.com
4. https://legalkatta.in
5. https://lawcorner.in
6. https://lawbhoomi.com
7. https://www.lawnn.com
8. https://www.legalserviceindia.com
9. https://en.wikipedia.org