One of the terminologies used most frequently in civil matters is decree. A court of law’s decision-making is separated into decrees and orders.
what is decree in cpc?
“decree in cpc” is defined as follows under Section 2(2) of the Civil Procedure Code of 1908:
It is the formal declaration of a decision that, to the extent that the Court expresses it, definitively establishes the parties’ rights with respect to all or some of the issues in dispute in the lawsuit. This decision may be preliminary or final. It will be understood to cover the dismissal of a plaint and the resolution of any issue pertaining to Section 144, but it will not cover-
- Any adjudication from which there can be an appeal based on an order, or
- Any dismissal order for noncompliance.
Decree in cpc: Essentials
The decree represents a court ruling. The following necessary components must be present for every court decision to qualify as a decree:
- There must be a decision that is made.
- It is best to decide in a lawsuit.
- It must ascertain each party’s rights in relation to the contentious issue.
- The determination of the right needs to be definitive.
- An official declaration of this kind of adjudication is required.
types of decree in cpc
Preliminary Decree:
- When the rights of the parties to all or all of the matter in question are established in the adjudication, but the suit is not entirely resolved, the decree is referred to as a preliminary decree. Only the preliminary decree is an earlier phase.
- Courts typically issue preliminary decrees when deciding how to resolve a dispute involving the parties’ rights. These decrees put the case on hold until the suit’s final judgment is issued.
Final Decree:
- The final decree is one that ends a lawsuit entirely and resolves every point of contention between the parties. There are no unresolved issues with the final decree.
In the following senses, it’s regarded as definitive:
- When, within the allotted time, no appeal against the decree is lodged.
- The highest court has made a decision regarding the matter in the decree.
- When the lawsuit is fully resolved by the court’s decree.
Partly Preliminary and Partly Final Decree:
- A decree issued in accordance with the Civil Procedure Code may be partially final and partially preliminary. This occurs when a decree is made up of some preliminary decree and some final decree.
Examples
If there is a lawsuit involving the possession of real estate and the question of mesne profit, the court must be involved.
- Decides who is in possession of the property by passing a decree.
- Requests a mesne profit inquiry.
Deemed Decree:
- Due to a legal fiction, an adjudication that does not officially fit the definition of a decree as specified in Section 2(2) of the Civil Procedure Code is still regarded as a presumed decree.
- Determining whether the judgment should be reverted and rejecting the plaint are considered decrees. Rule 58, Rule 98, and Rule 100 of Order 21 adjudications are likewise considered decrees.
deemed decree under cpc
- Although deemed decrees are not specifically mentioned in Section 2(2) of the Civil Procedure Code of 1908, the Code generally acknowledges this kind of decree in a number of ways.
- Under this Code, a decree cannot be referred to as such if it does not meet the requirements of Section 2(2). Nonetheless, under the Civil Procedure Code, some orders, such as adjudication under Order 21 Rule 58, Rule 98, and Rule 100, are regarded as presumed decrees. In a similar vein, a presumed decree could result from the plaint’s rejection and the answer to the inquiry posed under Section 144 (Restitution).
- decree holder in cpc: According to Section 2(3) of the Code of Civil Procedure, the person in whose favour a decree or order that can be carried out has been passed is referred to as the decree-holder. A person is frequently the decree holder. The court determined in the case of Dhani Ram v Lala Sri Ram that the decree-holder is the person who isn’t a party to the suit but whose interests have resulted in the issuance of a decree or an order that can be carried out.
deemed decree under cpc: Case Rulings
- In the case of Lucky Kochuvareed v P. Mariappa Gounder, the Apex Court of India recognized the legislative intent behind the use of the term “deemed” and noted that any time the term “deemed” is used in a statute to refer to an object or a person in general, it indicates that the Legislature has granted that object or person a status after giving it due consideration.
- In B. Nukaraju v MSN Charities case, the Court decided that these kinds of decrees will not proceed in accordance with Section 96 of the Code of 1908, which speaks about “appeals from the original decree,” since the idea of a deemed decree is not covered by the scope of Section 2(2). Regular appeals will therefore not be used in such cases; only miscellaneous appeals are going to be considered.
As we approach the conclusion, like decrees under the virtue of Section 2(2), the deemed decree is quite significant. Despite not being specifically specified in any article, considered decrees are more important to the operation of the 1908 Code of Civil Procedure.
A deemed decree can have significant consequences, but it is essential to remember that the justice system provides parties with ways to rectify any inequity they might have experienced. A comprehensive grasp of concepts such as deemed decrees will be necessary for both litigants and legal practitioners as the legal system changes.
