concept of deemed decree
Order 21, Rule 58(4) declared that the order made under sub-rule (3) "will have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree". Thus, the order is declared to be a 'deemed decree' and not a 'decree' by itself.
the order made under Rule 58(3) of Order 21 of the amended Code has only the status of 'deemed decree' and not a 'decree' by itself and that such orders are not covered by the definition under Section 2(2) namely of 'decree' so as to attract the provisions of Section 96 of the Civil Procedure Code and therefore, only a 'Miscellaneous appeal' lies against such 'order' and not a 'Regular appeal'.
the order made under Rule 58(3) of Order 21 of the amended Code has only the status of 'deemed decree' and not a 'decree' by itself and that such orders are not covered by the definition under Section 2(2) namely of 'decree' so as to attract the provisions of Section 96 of the Civil Procedure Code and therefore, only a 'Miscellaneous appeal' lies against such 'order' and not a 'Regular appeal'.
