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What is Decree under Civil Procedure Code? Kinds of Decree.
Introduction:
The Code of Civil Procedure, 1908 defines 'decree' in Section 2(2). In common parlance, a decree is a decision of a civil Court. A decision means what the Court decides in a case. The Court gives its decision after hearing both the parties and reviewing all the evidences. Now, let us discuss the definition of decree and its ingredients under the Civil Procedure Code.
Definition:
The Code defines 'decree' as "the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may either be preliminary or final..."[1]
After reading this definition, we can break the bare language into the above-mentioned ingredients.
Ingredients:
The following are the ingredients of a decree:
(1). Formal expression of an adjudication.
(2). Conclusive determination of rights of parties.
(3). The matters in controversy.
(4). In a suit.
(5). Preliminary or final decree.
Let us now understand these ingredients in detail.
(1). Formal Expression of Adjudication:
We may understand the expression 'formal expression' as to express something formally or in a formal manner. In the context of a decision of a Court, that decision is formally expressed. What does it mean is that all the requisitions of form must be adhered to.[2] For instance, a decree should be in conformity with Order 20 Rule 6 of the Code of Civil Procedure, 1908.
Another intrinsic element of decree is 'adjudication'. Literally, it means the determination of any dispute by a Court. This decision is on a controversy between the parties. It may be understood that the parties litigate upon their rights and the Court renders its decision upon the issue in dispute. To put it simply, the Court renders its decision upon the subject matter of dispute and that verdict is called adjudication.
(2). Conclusive Determination of Rights of Parties:
The next ingredient of decree is that it conclusively determines the rights of the parties to the suit. Conclusive determination means to decide something finally and absolutely. 'Rights' means the entitlements of the parties or what the parties are entitled to. A suit is contested in reference to certain rights. This ingredient uses the word 'parties'. It is apparently clear that in a civil suit the parties are the plaintiff and the defendant. By dint of a decree, the rights of plaintiff and defendant are finally and conclusively decided by the Court.
(3). Matters in Controversy:
A decree determines the rights of the parties. These rights are determined with reference to the matters which are in dispute in the civil proceedings. The decision thereon may relate to all or any of the matters in dispute. If a decision is so rendered on a disputed matter in a suit, that decision or adjudication is construed as a decree of a Court. Generally, a matter is said to be in dispute or in controversy when one of parties asserts a right and the other denies that right.
(4). In a Suit:
Section 2 (2) of the Code of Civil Procedure uses the word 'suit'. There is no explicit definition of suit in CPC. A suit may be defined as any case through which a person seeks to procure against another person a legal decision.[3] The general definition of a suit may be a civil proceeding which is initiated by the presentation of a plaint by the plaintiff in a Court of Law. A plaint is a document which contains the relief claimed by the plaintiff against the defendant. It must be remembered that a decree is always in a suit.
(5). Preliminary or final Decree:
As mentioned in the definition of decree, it may either be final decree or a preliminary decree. There is another category of decree which is recognised in the CPC and that is partly preliminary and partly final. Let us first have a discourse on preliminary decree.
Preliminary Decree:
A preliminary decree is one which does not dispose of the suit absolutely. The proceedings are not finished but some issues are decided by the Court. For example a preliminary decree is passed in a suit for partition and separate possession.[4] A preliminary decree is passed in order to decide some matters of a suit. It must be noted that the suit continues. A preliminary decree determines rights of the parties.
In Phoolchand v. Gopal Lal,[5] it was held that in partition suits there can be more than one preliminary decree. It was further observed that the passing of more than one preliminary decree is justified if the circumstances of the case require.
Final Decree:
A final decree is one which finally disposes of the suit. That means, the suit comes to an end. In simple words, the dispute between the parties is settled and there is nothing which remains to be decided by the Court. All the rights of the parties are determined.
In Shankar v. Chandrakant,[6] it was held by the Honorable Supreme Court that there can be more than one final decree in a suit.
Partly Preliminary and Partly Final Decree:
There is another category of decree which is recognised under CPC.[7] In such a decree, some portion is of preliminary decree and the other is of final decree. This kind of decree may be passed in a suit for possession and mesne profits.[8]
Decree includes Rejection of Plaint:
It is specifically mentioned under section 2 (2) that if the plaint is rejected, it shall be deemed as a decree of the Court. An appeal may be filed to a higher Court against the decision of the Court rejecting the plaint.
Decree Includes Determination of Question Under Section 144:
Section 144 of the Code of civil Procedure deals with application for restitution. If a decision is rendered by the Court upon such an application, it shall be construed as a decree.
What Doesn't a Decree Include?
Dismissal for Default:
If a suit of a plaintiff is dismissed because of his default, i.e., he did not appear in the Court, it shall not be considered as a decree. The reason is that there has not been any adjudication by the Court and the rights of the parties are not conclusively decided. Moreover, that decision is not on merits as the parties have not been heard. When a suit is dismissed for default, it is considered as a technical ground of dismissal.
When Appeal lies as Appeal Against an Order:
Appeals also lie against the orders of a Court. So, if an appeal lies against the verdict of a Court as an appeal from an order, it is not a decree. On the other hand, it will be an appealable order.
Conclusion:
In the end, we can say that the the verdict of a Court may either be a decree or an order. The adjudication of a Court will be a decree if it fulfills the requirements of section 2(2) of the Code of Civil Procedure, 1908. If it does not fall into the definition of decree, it will obviously be an order of a Court. A decision of a Court cannot be both a decree and an order.
References:
[1]. Code of Civil Procedure, 1908, s. 2(2).
[2]. C.K. Takwani, Civil Procedure 18 (Eastern Book Company, Lucknow, 8th edn., 2017).
[4]. Supra note 1, ord. 20, r. 18.
[5]. AIR 1967 SC 1470.
[6]. (1995) 3 SCC 413.
[7]. Supra note 1, explanation to s. 2(2).
[8]. For the definition of 'mesne profits' vide s. 2(12).
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