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lawweb   11 May 2018

Good article on decree as per civil procedure code

Good article on Decree as per Civil procedure Code

 
Decree S 2(2) of CPC
The term decree is defined as the formal expression of an adjudication which as far as regards the court expressing it, conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit.
ESSENTIAL ELEMENTS OF DECREE
In order that a decision of a court may be a decree, the following five essential requirements must be satisfied:
1) There must be an adjudication that is a judicial determination of the matter in dispute.
2) The adjudication must have been given in a suit.A proceeding which does not commence with plaint is not a suit, and decision given therein will not be a decree.Thus an application for leave to sue by an indigent person is not a suit,as the application becomes a suit only after leave is granted, and order passed on such an application is not a decree.
It may be noted that there are certain proceedings under other Acts which, according to specific provisions in such Acts are to be regarded as suits under this code.Thus proceedings under the Indian succession Act,Guardian and wards Act and provincial insolvency Act are statutory suits,and hence the decisions therein are decrees.


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