1 What is decree

Essential elements of
2
decree

TOPICS COVERED Decisions that are

3
classified as decree's

Different types of
4
decree

5 Difference between final

and preliminary decree.
WHAT IS A decree is a formal expression

adjudication given by the court.

of an

A A decree defines the rights and liabilities of the

DECREE? parties of matters regarding the dispute.

Decree can be either final or preliminary

Defined in Section 2(2)
A decree includes the rejection of the plaint

and decisions regarding section 144

A decree does not include an appeal from an

order and an order of dismissal for default.

 ESSENTIAL ELEMENTS OF DECREE

THERE MUST BE RIGHTS OF THE

ADJUDICATION CONCLUSIVE FORMAL
SUIT PARTIES IN
DETERMINATION EXPRESSION
CONTROVERSY

The adjudication
The determination
Judicial The adjudication should be expressed
should be final and
determination of the must have formally and such
conclusive regarding
matter in dispute. Suit is not defined in determined the rights formal expression
the court which
Decisions on matters the code. of the parties to the should be given in
passes it. That’s why
of administrative A civil suit instituted suit, with regard to all the manner
an interlocutory
nature cannot be by the presentation or any of the matters prescribed by law.
order which does not
termed as a decree. of a plaint. in dispute. The decree should be
finally determine the
Rights are drawn separately and
rights of parties is not
substantive rights. it should follow the
considered a decree.
judgement.
 Granting or
1 Order of 6 refusing to grant
abatement of suit costs or
instalments

Dismissal of Order holding

2 appeal as time
7 appeal not
barred maintainable

Dismissal of suit or Order holding that

3 appeal for want of
8 the right to sue
evidence or proof does not survive

Rejection of plaint Order holding that

4 for non payment
9 there is no cause
of court fees of action.

Modification of
5 10 An award passed
scheme under
by Lok Adalat
section 92
 Return of plaint for
1 Dismissal for 6 presentation to
appeal for default
proper court

Appointment of Dismissal of the

2 Commissioner to
7 suit under Order
take accounts 23 rule I

Rejection of
3 Order of remand
8 application for
condonation of
delay

Order for granting Order holding an

4 or refusing interim
9 application to be
relief maintainable

Order directing
5 Order refusing to 10 the assessment of
set aside sale
mesne profits.
 TYPES OF DECREE

1 2 3

PARTLY
PRELIMINARY PRELIMINARY
FINAL DECREE DECREE AND PARTLY FINAL
DECREE
 Shankar V. Chandrakant, AIR 1995 SC 121

The Supreme Court stated:

“A preliminary decree is one which declares the rights and liabilities of the parties leaving the actual
result to be worked out in further proceedings. Then, as a result of the further inquiries, conducted
pursuant to the preliminary decree, the rights of the parties are fully determined and a decree is
passed in accordance with such determination which is final. Both the decrees are in the same suit.

A final decree may be said to be final in two ways:

(I)when the time for appeal has expired without an appeal being filed against the preliminary decree
or the matter has been decided by the highest court;
(II) When, as regards to the court passing the decree, the same stands completely disposed of.

The case also settled that more than one final decree can be passed.
 Preliminary decree Final decree

The formal statement made by the court to determine the

The final decree resolves the lawsuits entirely and leaves
rights of the parties involved in the issues in the lawsuits
no issues for decisions in the future.
is known as a preliminary decree.

The court may determine the parties’ rights and wait for There is nothing left to decide after the parties’ rights and
the final decree to be rendered responsibilities are established by the final decree.

The preliminary decree may be revised if the The final decree must always comply with the preliminary
circumstances change. decree.

A preliminary decree may be issued more than once. There can be more than one final decree issued.

According to Phoolchand v. Gopal Lal ,(1967) a According to Sankar v. Chandrakant (1995), there may be
preliminary decree may be issued more than once. more than one final decree
 DECREE ORDER

An order can be passed in a suit instituted on plaint as well

The decree is passed only in a suit which is
as from a proceeding commenced on a petition
commenced by the presentation of the
application.
plaint.

Decree determines the right of parties in dispute An order may or may not finally and conclusively determine
conclusively. such rights.

A decree can be preliminary or final. An order cannot be preliminary.

In a suit, there can be only one decree except for the suits
where a preliminary and final decree is passed. A number of orders can be passed in a suit or proceeding.

Every decree is appealable unless expressly provided. Only the orders specified in this code are appealable.

The second appeal lies to the High Court against the first There is no provision of the second appeal in case of
appeal of a decree. appealable orders,
 JUDGEMENT DECREE

Judgement is the statement of the judge on For decree, a statement of the ground is not
the ground of a decree or an order. required to be given by the judge.

The judgement does not require to have a

formal expression. A decree must be a formal expression.

The relief granted is required to be stated A decree determines the rights in dispute between
preciously in the Judgement. the parties.

A judgement is passed in a stage prior to

A decree is passed after issuing the judgement.
passing a decree.

Judgement is pronounced in civil as well as

criminal matters. A decree can be passed only in a civil suit.