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6/21/19

Decree under CPC; its meaning, definition, etc.


Decree under CPC; its meaning, definition, etc.




In this article, we are going to discuss the topic, what is a decree in CPC? the element of decree, the definition of decree, etc.

Introduction:-

                                      A decree means an announcement of the legal consequences of a particular act, which is brought in after hearing the merits on both sides of the case, and further, it is a confirmation that the court’s order is carried out. A decree is thus an essential part of the outcome of the suit. An appeal lies against a decree and not against the judgment.

Meaning and definition:-

                                                    Section 2(2) of the Code defines the term “decree”. According to the Section, decree may be understood by the following point or there must be present following elements:-

1.     An adjudication,
2.     Adjudication must have been given in a suit,
3.     It must have determined the rights of the parties with regard to all or any of the matter in controversy in the suit,
4.     Such determination must be of a conclusive,
5.     There must be a formal expression of adjudication.

So for a decision of a court to be a decree, there must be present these five elements. A decree may be either preliminary or final.

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